News & Analysis as of

Unauthorized Practice of Law

New York Appellate Court Curtails NY AG Investigatory Subpoena on Constitutional Grounds

by Jones Day on

On June 21, 2017, a New York appellate court curtailed on constitutional grounds an investigative subpoena issued by the New York Attorney General. In the Matter of Evergreen Assoc., Inc., 54 N.Y.S.2d. 135 (App. Div. 2017)....more

Did The Harvard Shareholder Rights Project Prove Itself Wrong?

by Allen Matkins on

In December 2014, Stanford Law School Professor Joseph A. Grundfest and Daniel M. Gallagher incited an academic titanomachy when they released a draft of an academic paper provocatively entitled “Did Harvard Violate Federal...more

Capouillez Case is a Warning to Non-Attorneys Representing Landowners in Gas Lease Negotiations

by Tucker Arensberg, P.C. on

Since the first Marcellus Shale well was drilled in 2004, tens of thousands of oil and gas leases have been negotiated across Pennsylvania. Non-lawyers sometimes play a prominent role in the leasing process. Originally...more

Arbitrate with Caution – Avoiding the Unauthorized Practice of Law

by Robins Kaplan LLP on

As technology continues to progress and enable companies and individual clients to do business in multiple jurisdictions, the prevalence of the multijurisdictional practice of law (MJP) is increasing for attorneys and law...more

DOJ and FTC Encourage Competition Between Lawyers and Non-Lawyers in the Provision of Legal Services in Comments on North Carolina...

by McDermott Will & Emery on

On June 10, 2016, the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly submitted a letter recommending that the North Carolina General Assembly limit the definition of the “practice of law” only...more

Regulatory Department News: New Rules Require Pro Hac Vice Admission for Out of State Attorneys in State and Municipal Agency and...

by Murtha Cullina on

On June 24, 2016, the Connecticut Judges voted to adopt a revision to Rule 2-16 of the Rules of Superior Court to require that non-admitted attorneys must be admitted pro hac vice by a court in order to participate in any...more

Federal Circuit Recognizes New, but Limited, Privilege for Patent Agent Communications

Introduction - Patent agents are licensed to practice before the United States Patent and Trademark Office (“USPTO”), and perform the same duties as patent attorneys in proceedings before the USPTO, including preparing...more

What Century Are We Living In? – The Second Circuit Seems To Think It's the Nineteenth

by Hinshaw & Culbertson LLP on

The United States Court of Appeals for the Second Circuit recently held that members of the New York bar residing out-of-state can be constitutionally required to have a physical office within the state, reversing the U.S....more

Third Circuit Applies Constructive Knowledge Standard And Finds Waiver Of Arbitration Panel Challenge

by Locke Lord LLP on

The U.S. Court of Appeals for the Third Circuit has found that post-award objections to an arbitrator were waived because the party had constructive knowledge of the arbitrator’s insufficient disclosure. The court held that a...more

NC Business Court Gives Full Faith And Credit To LegalZoom's California Class Action Settlement

by Brooks Pierce on

There are probably some of you who lie awake at night wondering whether Leagalzoom's offering of do it yourself lawyering products will be found to be the unauthorized practice of law (UPL) in North Carolina....more

April 17, 2015 NC Legislative Update

Legislators are back in Raleigh after a week off and it doesn’t look like anything has changed after the extra time they were given to reflect on the session. Just as we’ve seen before: - There’s a new bill that would...more

Did Abraham Lincoln Engage In The Unauthorized Practice Of Law?

by Allen Matkins on

I recently learned that I’m supposedly related to a certain Joshua Short, late of Sangamon County, Illinois. I don’t know much about Mr. Short other than he was a farmer who couldn’t write his own name and wasn’t feeling...more

LegalZoom or IllegalZoom?

LegalZoom, the online legal documents preparation service, is seeking a toehold in North Carolina by amending the statutory definition of the practice of law in G.S. 84-2.1 over the objections of the North Carolina Bar. The...more

HB 663 - Legal Zoom tries to get a safe toehold in NC

Amending the Practice of Law - On Thursday the Senate Judiciary I committee approved a bill that amends Chapter 84-2.1 regarding the practive of law. Chairman Goolsby proposed the new language which creates a safe...more

Bill Updates That Will Make Your Head Spin - Weekly Wrap-Up.

Patent Trolling - The contents of HB 1032 - Patent Trolling have been added to SB 648 - NC Commerce Protection Act and sent to the Senate for a concurrence vote. The new SB 648 now addresses contracts between the NC...more

Maybe We Are Getting Closer To A Decision in North Carolina On Whether LegalZoom Is Engaged In The Unauthorized Practice Of Law

by Brooks Pierce on

Legalzoom may be a step closer to overcoming the NC State Bar's assertion that its online legal document service constitutes the unauthorized practice of law (UPL), following yesterday's ruling in LegalZoom, Inc. v. North...more

Unlicensed Practice of Law - Warning Signs

As our article from earlier this week demonstrates, immigration and the unlicensed practice of law often go hand in hand. It is a crime to practice law without a license in the United States. Unlicensed immigration...more

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

by Poyner Spruill LLP on

The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage closing...more

South Carolina Supreme Court: Lenders Modifying Loans Do Not Engage in Unauthorized Law Practice

by Ballard Spahr LLP on

The South Carolina Supreme Court recently ruled that lender loan modifications do not constitute the unauthorized practice of law....more

ABA Amends Model Rules of Professional Conduct to Address Changes Brought by Technology and Globalization

It is undeniable that technology and globalization are changing the way lawyers practice law. Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information...more

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