Section Newsletters

Articles on Unauthorized Practice of Law

The unauthorized practice of law: A case study By Patrick M. Kinnally Civil Practice and Procedure, May 2016 The author shares his personal experience.
Unauthorized practice of immigration law and comprehensive immigration reform By Y. Judd Azulay International and Immigration Law, October 2013 Author Judd Azulay argues there is a need for strict controls over unauthorized practice of law in immigration cases to protect public interests and the competency and the efficiency of the legal system.
Unlicensed practice of law issues in property tax assessment appeals—The debate continues By Thomas J. McNulty State and Local Taxation, April 2013 A discussion and analysis of the cases that have dealt with UPL issues in Illinois both generally and in the area of property tax assessment appeals and examine the significant risks associated with unlicensed conduct.
The ARDC can now investigate and prosecute the unauthorized practice of law—Good news for immigrants By Scott D. Pollock International and Immigration Law, January 2012 Last month the Illinois Supreme Court amended its rules, thereby enhancing the ARDC's authority and benefiting immigrants to the U.S. and their family members, who have a particularly critical need for competent legal advice and representation. 
Illinois Supreme Court Rule adds unauthorized practice of law to the Attorney Registration and Disciplinary Commission’s responsibilities By William A. Price Administrative Law, January 2012 The Illinois Supreme Court has adopted amendments to its rules of practice (751 and 752(a) and 779, effective December 7, 2011. The new rules allow investigation and prosecution by the Attorney Registration and Disciplinary Commission of instances of unauthorized practice of law by disbarred or unregistered lawyers, and by other persons and organizations.
Landmen and the unauthorized practice of law: The West Virginia perspective and some thoughts as to the subject in Illinois By James K. Weston, Sr. Mineral Law, March 2008 We have been provided a copy of Advisory Opinion 2007-01 issued by the West Virginia State Bar.
Can an unlicensed law firm recover in a suit for attorney fees? By Hon. Daniel T. Gillespie Civil Practice and Procedure, January 2007 One interesting aspect of contract law is that, if a contracting party is not properly licensed, the party may not be able to recover in a contract action for nonpayment of fees earned.
Are your clients selling estate plans? By Matt Maloney General Practice, Solo, and Small Firm, March 2006 The unauthorized practice of law has been going on forever. It was, and still may be in some areas, common practice for local banks and real estate offices to do “simple” deeds and other legal documents.
Help stop UPL: Read the Spreck case Young Lawyers Division, June 2005 Many members have contacted the ISBA legal department to discuss unauthorized practice of law issues.
Help stop UPL: Read the Spreck case Criminal Justice, May 2005 Many members have contacted the ISBA legal department to discuss unauthorized practice of law issues.
Editor’s column-Thoughts on “We the People,” Quicken Lawyer and pending legislation to authorize form completion business: Are we missing an opportunity and ignoring a legal need? By John T. Phipps General Practice, Solo, and Small Firm, March 2004 There is a large segment of the public that is looking for people to fill out their legal forms so they can represent themselves in court on a transaction and avoid paying large lawyer fees.
Illinois Supreme Court adopts rule to clarify UPL concerns for in-house counsel; Creates road-block for in-house counsel wishing to change jobs By Michael Todd Scott Corporate Law Departments, March 2004 On February 11, 2004, The Illinois Supreme Court adopted new Rule 716. This new rule clarifies the debate on whether in-house counsel who are located in Illinois, but who are not licensed in Illinois are engaged in the unauthorized practice of law.
Defining the practice (or unauthorized practice) of law By Michael Todd Scott Corporate Law Departments, August 2002 Defining what constitutes the unauthorized practice of law is a tough challenge.
Unauthorized practice of law in administrative proceedings By Claire A. Manning & Richard R. McGill, Jr. Government Lawyers, August 2002 Administrative agencies deciding contested cases need to be aware that the parties before them may have to be represented by an attorney.
The unauthorized practice of law in modern real estate transactions Quinlan & Tyson remains instructive and enforceable By Joseph R. Fortunato & William J. Anaya Real Estate Law, May 2002 It is no surprise to real estate lawyers that non-lawyers involved in related real estate business are devising creative methods designed to increase their market share and their profits.
Unauthorized practice of law in administrative proceedings By Claire A. Manning & Richard R. McGill Environmental and Natural Resources Law, April 2002 Administrative agencies deciding contested cases need to be aware that the parties before them may have to be represented by an attorney.
Corporate counsel and the unauthorized practice of law: “special” is not necessarily better By C. Evan Stewart Corporate Law Departments, March 2002 Cardozo once observed that "[m]embership in the bar is a privilege burdened with conditions.
Unauthorized practice of law and in-house counsel By Michael Todd Scott Commercial Banking, Collections, and Bankruptcy, March 2002 There has been a lot of discussion lately on unauthorized practice of law (UPL) by in-house counsel.
Does UPL by in-house counsel really waive the attorney-client privilege? By Michael Todd Scott Environmental and Natural Resources Law, December 2001 In the June 2000 issue of The Corporate Lawyer, we ran an article entitled Unauthorized Practice of Law and In-house Counsel.
Task Force on Unauthorized Practice of Law update By Naomi H. Schuster Elder Law, October 2001 The Task Force on Unauthorized Practice of Law of the Illinois State Bar Association has participated in or initiated various lawsuits across the state.
Elder law update: Task Force on the Unauthorized Practice of Law By Naomi H. Schuster Elder Law, May 2001 The Task Force on Unauthorized Practice of Law has been meeting on a regular basis since its establishment in the summer of 2000.
Report from the task force on the unauthorized practice of law Trusts and Estates, February 2001 A subcommittee of the Task Force on the Unauthorized Practice of Law has been established to review information provided to the task force about possible situations involving the unauthorized practice of law regarding estate and trust work.
Unauthorized practice of law and in-house counsel By Michael Todd Scott Corporate Law Departments, June 2000 There has been a lot of discussion lately on unauthorized practice of law (UPL) by in-house counsel.
A call for anecdotes concerning unauthorized practice of law in an environmental context By Stephen F. Hedinger Environmental and Natural Resources Law, January 2000 I venture to guess that virtually all lawyers practicing law for some minimal period of time have witnessed at least one instance of some non-lawyer performing a service or act which lawfully can be performed only by a lawyer. Realtors do it.
The unauthorized practice of law…by attorneys By A.J. Birkbec Environmental and Natural Resources Law, January 2000 In recent years, the focus of the legal profession's attention with respect to the unauthorized practice of law has been on violations by non-attorneys.
ADR and the unauthorized practice of law By Rick Guzman Alternative Dispute Resolution, June 1999 The unauthorized practice of law can result from a variety of different practices and can manifest itself in a several different forms.

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