The subject of 'unauthorized practice of law' has been a topic of some discussion on the Solosez list serve lately, and then I read in the New York Lawyer that the New York State Senate Judiciary Committee approved a bill that would make the unauthorized practice of law in New York a felony with a maximum sentence of four years in state prison. Currently, section 485 of the Judiciary Law makes the unauthorized practice of law a misdemeanor in New York.
State Bar President A. Vincent Buzard has described the unauthorized practice of law in the state as a 'signifcan't problem,' but notes that most district attorneys often lack the time or discipline to pursue individuals practicing law without a license.
Although New York State does recognize that there are services that can be performed by both lawyers and non-lawyers (such as tax preparation services, financial planning and legal research for lawyers), what constitutes the 'unauthorized practice of law' in New York and elsewhere is certainly bound to be an ongoing issue, particularly with the proliferation of 'do it yourself' services and companies on the web. Whether a stiffer penalty for unauthorized practice of law (if it is enacted) will have any effect on remains to be seen.
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