Unauthorized Practice of Law

Definition of the Practice of Law:


The practice of law shall be performed only by those authorized by the highest court of this jurisdiction.




The "practice of law" is the application of legal principles and judgment with regard to the circumstances or objectives of a person that require the knowledge and skill of a person trained in the law.


"Person" includes the plural as well as the singular and denotes an individual or any legal or commercial entity.

A person is presumed to be practicing law when engaging in any of the following conduct on behalf of another:

Giving advice or counsel to persons as to their legal rights or responsibilities or to those of others;

Selecting, drafting, or completing legal documents or agreements that affect the legal rights of a person;


Representing a person before an adjudicative body, including, but not limited to, preparing or filing documents or conducting discovery; or


Negotiating legal rights or responsibilities on behalf of a person.


New Jersey: Unauthorized Practice of Law


New Jersey Cases:

Holding of this case: Supports Troyan's opinion only a Licensed Attorney may prepare a legal document (i.e. QDRO)

Supports Troyan's that Legal duty cannot be delegated to a non-lawyer. A QDRO is a legal document to be prepared by a Licensed Attorney. 

Notary Public Cannot Prepare Legal Documents (i.e. QDRO)

Non Lawyer Cannot Prepare Legal Documents - Real Estate (i.e. QDRO)

Reciprocal Discipline: Non Lawyer prepared Legal Documents in Florida - New Jersey  recommended identical action.  (i.e. QDRO's cannot be prepared in FL by non lawyer so presume also not allowed in NJ

Accountant drafting legal documents - corporate is Unauthorized Practice of Law. (QDRO is a legal document requires skill of Licensed Attorney)

American Bar Association - Serious Consequences for Lawyer Delegating Legal Work to nonlawyer.