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
See the ABA summary of the State Definitions of the Practice of Law. 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 2018-01-19] update broken link to ABA state definitions
Practice of Law, State Definitions
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Practice of Law, State Definitions