News & Analysis as of

Unauthorized Practice of Law

Polsinelli

Accountancy and the Corporate Transparency Act

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The Corporate Transparency Act (CTA) is a new, federal, legal reporting and compliance regime touching on the ownership and control of covered reporting companies operating in the United States. These reporting companies are...more

Lerch, Early & Brewer

CTA + CPAs: Insights from the Maryland Attorney General

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Since the Corporate Transparency Act (“CTA”) went into effect earlier this year many Certified Public Accountants (“CPAs”) have been hesitant to assist clients with CTA compliance.  This hesitancy stems, at least in part,...more

Esquire Deposition Solutions, LLC

Proceed With Caution on Out-of-State Depositions

Many attorneys have long and successful careers without ever having to practice law outside of the jurisdiction where they obtained their license. But for litigators and in-house counsel, the need to be conversant with the...more

Esquire Deposition Solutions, LLC

Will AI Deposition Assistants Be Ethical?

By now most lawyers are familiar with the story of DoNotPay, the company that promised to provide a traffic offense defendant with a “robot lawyer” to fight the ticket in court. The plan went like this: The defendant would be...more

Pillsbury - Internet & Social Media Law Blog

Law Firm Suit against AI Legal Subscription Service Dismissed for Lack of Standing

A U.S. District Court in Illinois dismissed a case by the Chicago-based law firm MillerKing LLC against the so-called “robot lawyer” DoNotPay, Inc. (DNP). It found that MillerKing did not have standing bring false...more

Esquire Deposition Solutions, LLC

Remote Depositions and the Unauthorized Practice of Law

Remote court hearings and remote depositions are commonplace today. In fact, some law firms are hiring lawyers with the expectation that they may never work at the firm’s physical office and never appear in courtrooms located...more

Downey Brand LLP

A Risky Game: Can An Estate Representative Be Their Own Lawyer?

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You’ve probably heard that “He who represents himself has a fool for a client,” an adage dating back to the 17th century and commonly attributed to Abraham Lincoln (but not by me – I first heard it on an episode of...more

Hinshaw & Culbertson - Lawyers' Lawyer...

A Multistate Analysis of the Ethical Rules Governing Attorneys Working Remotely

The COVID-19 pandemic, along with government stay-at-home orders, required millions of professionals to work from home, including attorneys. However, as the pandemic comes to an end, many attorneys wish to continue to work...more

Holland & Knight LLP

Florida Supreme Court Is Closely Divided in Unauthorized Practice of Law Decision

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The relationship between access to justice and the unauthorized practice of law was explored in the Florida Supreme Court's recent 4-3 decision that a traffic ticket app developed by a startup amounted to the unauthorized...more

Reveal

The Ethics of AI in The Legal Profession

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The final installment of the virtual Legalweek(year) just concluded, with the fifth installment having completed this week, after previous iterations in February (the traditional time of year for in-person Legalweek), March,...more

Fox Rothschild LLP

USPTO Issues Warning To U.S. Attorneys Not To Aid Others In Circumventing The U.S. Counsel Rule

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Yesterday, the USPTO issued an alert regarding emails that U.S. attorneys have been receiving from unlicensed persons offering to pay attorneys in exchange for use of the attorneys’ bar credentials in trademark filings. The...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 5, 2020

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Real Property Update - Covenant Running With Land: Rejecting association’s argument on appeal that trial court erred in finding that recorded agreement was not a restrictive covenant running with the land but a personal...more

Partridge Snow & Hahn LLP

RI Supreme Court Decision to Impact Real Estate, Title and Mortgage Industries

In a case having broad implications for residential real estate transactions, title insurance companies, and the mortgage industry, the Rhode Island Supreme Court on May 29 addressed the issue of whether residential real...more

Downey Brand LLP

Trustees May Not Need Lawyers to Seek Instructions from California Courts, But the Do-It-Yourself Approach Remains Hazardous

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While California trustees hope for smooth sailing, they must navigate waters that can be choppy depending on the assets, trust instruments and personalities involved. As fiduciaries, trustees must honor the trustors’ intent...more

Blank Rome LLP

A Paralegal Is Guilty of the Unauthorized Practice of Law by Preparing Documents for Litigation and Providing Legal Advice without...

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New Jersey court rules and statutes prohibit the unauthorized practice of law. While paralegals engage in activities that constitute the “practices of law,” they can only do so under the direct supervision of a licensed New...more

International Lawyers Network

United States Licensed Attorney Required for Foreign-Domiciled U.S. Trademarks

Since August 3, 2019, all foreign-domiciled U.S. trademark applicants, registrants and parties to proceedings before the United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board must be represented...more

Smith Anderson

Federal Court Upholds Rules Prohibiting the Practice of Law by Corporations – Rejecting Attempt by Trade Association to Represent...

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On April 19, the U.S. Court of Appeals for the Fourth Circuit rejected a trade association’s constitutional challenge to the North Carolina rules that prevent corporations from providing legal advice. North Carolina’s...more

Sands Anderson PC

Survey of Discipline of Practitioners by the USPTO in 2018

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Practitioners before the United States Patent & Trademark Office (USPTO) must comply with the USPTO Rules of Professional Conduct, 37 C.F.R. §§ 11.10, et seq. Within the USPTO, the Office of Enrollment and Discipline is...more

Fisher Phillips

Non-Lawyers Can No Longer Represent Kentucky Employers At Unemployment Proceedings

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The Kentucky Court of Appeals just held that non-lawyers may no longer represent employers in unemployment proceedings, ruling that such a practice is unconstitutional. As a result, you must immediately adjust any business...more

Seyfarth Shaw LLP

Federal Court Scuttles Class Action Settlement Objectors’ Motion To Dismiss Lawsuit Brought By Plaintiff Class Action Firm

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Seyfarth Synopsis: In a lawsuit brought by a plaintiff class action firm alleging that objectors to class action settlements violated both RICO and Illinois state law by filing frivolous objections in order to seek payouts,...more

Foley & Lardner LLP

Wisconsin’s Court of Appeals Holds That a Nonlawyer Personal Representative May Not Initiate an Appeal

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It is not exactly a novel proposition of law in Wisconsin that a nonlawyer cannot represent a separate legal entity (as opposed to appearing pro se) in a Wisconsin court. The Wisconsin Supreme Court considered this issue over...more

Farrell Fritz, P.C.

A Reminder for Non-Resident Attorneys Seeking to Practice in New York: Be Sure to Comply with Judiciary Law § 470!

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This week, we examine the answer to a simple question: may an out-of-state lawyer serve as counsel in a New York state court proceeding absent making a motion for admission pro hac vice? To answer this slightly ambiguously...more

Michigan Auto Law

Ambulance chasing insurance claims adjusters

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Laws protecting injured car accident victims in Michigan from ambulance chasing personal injury lawyers should also protect people from the claims adjusters who prey on the unsophisticated after a crash; settling cases for...more

Cranfill Sumner LLP

Industrial Commission No Longer to Allow Carriers to Directly File Motions and Responses (Form 24s, 23 Responses, etc.)

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Meredith Henderson, the North Carolina Industrial Commission’s Executive Secretary, has announced that beginning Monday, September 18, 2017, the Commission will no longer accept Motions or Motion Responses filed by adjusters....more

Jones Day

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

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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

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