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Rule 5.5
UNAUTHORIZED PRACTICE OF LAW
A lawyer shall not:
(a) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or
(b) assist a person in the performance of activity that constitutes the unauthorized practice of law.
COMMENTS
[1] The definition of the practice of law is established by law and varies from one jurisdiction to another. Whatever the definition, limiting the practice of law to members of the bar protects the public against rendition of legal services by unqualified persons.
[2] Paragraph (b) does not prohibit a lawyer from employing the services of paraprofessionals and delegating functions to them, so long as the lawyer supervises the delegated work and retains responsibility for their work. See RPC 5.3. Likewise, it does not prohibit lawyers from providing professional advice and instruction to nonlawyers whose employment requires knowledge of law, such as claims adjusters, employees of financial or commercial institutions, social workers, accountants, and persons employed in government agencies. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se.
[3] A lawyer does not assist the unauthorized practice of law if he or she advises a client with respect to whether an activity constitutes the unauthorized practice of law, accepts an unsolicited referral of a client from a person whose prior involvement in the matter constituted the unauthorized practice of law, or defends a person against charges that he or she has engaged in the unauthorized practice of law.
DEFINITIONAL CROSS-REFERENCES
None.
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