Unauthorized Practice of Law and Non-Lawyers

Question 1

When does a lawyer engage in the unauthorized practice of law when it comes to providing legal information on a non-lawyer’s behalf?

Answer 1

A lawyer may: provide general legal information that is not targeted at a non-client’s particular legal situation on behalf of a non-lawyer.

A lawyer may not: provide specific legal information that is targeted at a nonclient’s particular legal situation on behalf of a non-laywer.

Question 2

What are a lawyer’s obligations when it comes to non-lawyer’s and the unauthorized practice of law?

Answer 2

Lawyers must ensure that non-lawyers do not engage in the unauthorized practice of law. If a lawyer assists a non-lawyer in the unauthorized practice of law, they are subject to discipline.

Question 3

What positions is a non-lawyer forbidden from holding in a for-profit law firm?

Answer 3

1. partner
2. corporate director/officer
3. stock/interest holder