Practice of Law, State Definitions
The definition of the practice of law varies by jurisdiction. In 2002, a task force of the American Bar Association (ABA) proposed a model definition.
The model definition includes performing the following acts, on behalf of another person:
(1) Giving legal advice or counsel about legal rights or responsibilities;
(2) Selecting, drafting, or completing legal documents;
(3) Representing a person (client) before an adjudicative body;
(4) Preparing or filing documents or conducting discovery; or
(5) Negotiating legal rights or responsibilities.
Practice of Law, State Comparison
The ABA has a summary of the state law definitions of the practice of law at http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.pdf It is a composite of state statutes, rules, and court cases.
Note: The ABA summary was compiled in 2002 and may not be up to date.
Below is a comparison of state definitions or acts that may be considered as the practice of law, as of the 2002 research. Some states have no definition.
Note: See your current state laws, rules and court cases for the definition of the practice of law for your state.
| Practice of Law | State Definitions | 2002 | ||||||
|---|---|---|---|---|---|---|---|---|
| no definition | represent client | prepare case | legal advice | legal opinion | legal services | legal docs | notes | |
| AL | x | x | x | x | ||||
| AK | x | x | x | |||||
| AZ | x | x | x | x | x | x | certified legal document preparer | |
| AR | x | each case decided on facts | ||||||
| CA | x | x | x | x | legal document assistant | |||
| CO | x | x | x | x | x | law teacher at ABA law school | ||
| CT | x | x | x | x | ||||
| DE | x | x | x | x | ||||
| DC | x | x | x | x | x | x | ||
| FL | x | x | x | x | x | x | ||
| GA | x | x | x | x | x | |||
| HI | x | x | x | x | x | x | ||
| ID | x | x | x | x | ||||
| IL | x | x | x | x | x | |||
| IN | x | x | x | x | x | |||
| IA | x | x | x | x | x | x | ||
| KS | x | x | x | x | x | x | ||
| KY | x | x | x | x | x | |||
| LA | x | x | x | x | x | civil law notary acts not prohibited | ||
| ME | x | x | x | x | x | x | ||
| MD | x | x | x | x | x | |||
| MA | x | x | x | x | x | x | ||
| MI | x | charging a fee | ||||||
| MN | x | x | x | x | much can be done by non-lawyers | |||
| MS | x | x | x | x | x | receiving a fee, reward or promise | ||
| MO | x | x | x | x | receiving valuable consideration | |||
| MT | x | x | x | x | much can be done by non-lawyers | |||
| NE | x | each case decided on facts | ||||||
| NV | x | community practices define scope | ||||||
| NH | x | x | educated judgment needs lawyer | |||||
| NJ | x | UPL if public interest disserved | ||||||
| NM | x | x | x | x | x | x | ||
| NY | x | x | x | x | ||||
| NC | x | x | x | x | x | x | with or without compensation | |
| ND | x | |||||||
| OH | x | x | x | x | ||||
| OK | x | x | based on court decisions | |||||
| OR | x | x | x | x | ignore custom, payment, incidental | |||
| PA | x | x | x | x | x | |||
| RI | x | x | x | x | for consideration, direct or indirect | |||
| SC | x | x | x | x | ||||
| SD | x | x | x | neutral mediator, arbitrator allowed | ||||
| TN | x | x | x | x | for valuable consideration | |||
| TX | x | x | x | x | x | x | x | creation and sale of legal books, forms, software OK with disclaimer |
| UT | x | x | x | x | x | |||
| VT | x | x | x | x | x | |||
| VA | x | x | x | x | x | for consideration, direct or indirect | ||
| WA | x | x | x | x | x | sale of legal forms allowed, neutral mediator, arbitrator allowed, providing general legal information allowed | ||
| WV | x | x | x | x | x | with or without compensation | ||
| WI | x | x | x | for compensation or pecuniary reward | ||||
| WY | x | x | x |
Small Claims Court Exception
Several states authorize officers or employees of a business to represent that business in small claims court: AZ, KY, LA, MD
Restricted Words in Advertising
Several states prohibit non-lawyers from using certain words in advertising their services offered to the public: AZ– lawyer, law, attorney-at-law, UT– JD, Esq, attorney, attorney-at-law, WV– lawyer, attorney, counselor-at-law
Restrictions on Negotiations
Some states have restrictions that prohibit non-lawyers from engaging in negotiations involving legal rights and responsibilities.
Unauthorized Practice of Law
Non-lawyers should avoid acts that may be considered as unauthorized practice of law (UPL).
Photo credits:
1. US Supreme Court building, Supreme Court website
2. US Supreme Court banner, Supreme Court website
Disclaimer: Laws vary by state and are subject to change. This article is not to be used or considered as legal advice. For legal advice, contact a licensed, experienced attorney.
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[Last-Modified Date 2017-04-03] add new image
Practice of Law, State Definitions
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Practice of Law, State Definitions
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