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Non-Attorney UPL in Georgia

By ParalegalGateway.com

The State Bar of Georgia has made it clear that they are not going to be lenient on those participating in the unlicensed practice of law ("UPL").  A quick glance of their Reigstry of Injunctions and Cease and Desist Affidavits found on their website (www.gabar.org) reveals they served five Injunctions and well over fifty Affidavits in 2008.  The majority of those served were Paralegal companies or legal form preparation services.

The Georgia Bar stated their goal of "...protecting the public..." as the reasoning for publishing the list and one individual's photo was posted secondary to criminal contempt.  While the public certainly needs to be protected from unethical attempts of practicing law without a license, I did recognize a couple of names on the list and I know those individuals to be not only ethical but true professionals who would never think about practicing law void of a license.

We must understand that as well intentioned as we may be in assisting the general public in preparing legal forms "pro se" or as a self-representative, there are those who - aside from protecting the public - view the business of practicing law as just that.  A business.  Also, in these unstable times where many firms are taking a serious hit to the pocketbook, anyone viewed as competition for the dwindling consumer base, will be taken notice of and dealt with accordingly.

In fact, individuals have the general right to pro se representation and under Georgia law, those who act on their own behalf are free to prepare those documents they deem necessary.  However, O.C.G.A. §15-19-52 states, in part, that no person shall "be prohibited from drawing any legal instrument for another person, firm, or corporation, provided it is done without fee and solely at the solicitation and the request and under the direction of the person, firm, or corporation desiring to execute the instrument."

Did you catch that?  In Georgia, a non-lawyer CAN prepare legal documents for another individual however you can not charge a fee and you can not advertise.   Protecting the public or protecting their turf or a little bit of both?

Full post as published by ParalegalGateway Blawg on August 10, 2009 (boomark / email).