Ethics

Unauthorized Practice of Law

I have never done any work on the issue of unauthorized practice, unlike Steve Gillers, who said that he has ?research[ed] the rules in 6 jurisdictions and read the class action filings and various (and some lengthy) documents surrounding the creation and operation of GCCF.?  Nevertheless, I was surprised at Steve?s assertion in his opinion letter (with no citation) that it doesn?t matter that ?GCCF is not a law firm and not authorized to practice law, because ?a nonlawyer could act as administrator of the GCCF without engaging in the unauthorized practice of law as routinely defined.?

However, according to the Louisiana Rules of Professional Conduct R. 5.5, practice of law includes ?negotiating or transacting any matter for or on behalf of a client with third parties.?

Also, under La. Rev. Stat. Ann. § 37:212, the practice of law is defined in part as: ?For a consideration ... or pecuniary benefit, ... the advising or counseling of another as to secular law;? or ?on behalf of another, the drawing or procuring, or the assisting in the drawing or procuring of a paper, document, or instrument affecting or relating to secular rights;? or ?the doing of any act, in behalf of another, tending to obtain or secure for the other the prevention or the redress of a wrong or the enforcement or establishment of a right.?

Full post as published by Legal Ethics Forum on January 27, 2011 (boomark / email).