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.

 

Definitions:

 

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

Rules:

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.

 
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