Colorado Supreme Court
Office of Attorney Regulation Counsel
Promoting Professionalism. Protecting the Public.
Help Stop the Unauthorized Practice of Law
Lawyers reporting unlicensed
practitioners can reduce harm done to the public and the courts.
By KIM IKELER
Winter 2013
The
unauthorized practice of law causes many recurring problems. Non-lawyers
without the educational and ethical qualifications of those admitted to the Bar
purvey useless and potentially harmful legal documents and provide incompetent
advice. Both the public and the courts suffer.
To prevent
this harm, the Colorado Supreme Court prohibits the unauthorized practice of
law and has established a regulatory system to restrain it. Pursuant to
Colorado Rule of Civil Procedure 228, the
Office of Attorney Regulation Counsel investigates reports of the unauthorized
practice of law. When there is reasonable cause to believe that unlicensed
persons have practiced law, and the matter cannot be otherwise resolved, OARC
prosecutes those persons. Remedies include injunction, restitution and fines.
To succeed,
OARC needs the help of the legal profession to report the unauthorized practice
of law. Listed below are some examples and the consequences.
· A notario
takes thousands of dollars from vulnerable clients to select and prepare
immigration forms. The forms are incorrect and are rejected by U.S. Citizenship
and Immigration Services.
· An unsupervised paralegal operates a
business selecting and preparing bankruptcy forms. As part of her services, she advises clients
how to conceal assets from creditors.
· A jailhouse lawyer continues his
“practice” after leaving prison. He charges
money to prepare incompetent pleadings for his clients.
· An unlicensed person prepares prolix pleadings
on behalf of a friend and appears in court on the friend’s behalf. This interference unduly extends the case.
· A non-lawyer who espouses an
alternative legal system prepares pleadings to be filed by relatives to delay
an eviction action. The court’s time is
wasted.
· A financial advisor sells his clients
trust and estate documents prepared by non-lawyers. Drafting mistakes could cause future harm to
the clients or their heirs.
· An unlicensed person endeavors to
negotiate with an insurance company to settle another’s personal injury claim. Resolution of the claim is delayed.
If you learn
that an unlicensed person is practicing law by giving legal advice or
exercising legal discretion on behalf of another, report the situation to OARC.
You can call the office at (303)457-5800
or send a letter with a brief description and any supporting documents to:
Unauthorized
Practice of Law
Colorado
Supreme Court Office of Attorney Regulation Counsel
1300
Broadway, Ste. 500
Denver, CO 80203.
Your
involvement in submitting this information is a vital part of the Colorado
Supreme Court’s efforts to ensure that unauthorized practice of law does not
occur.
Kim Ikeler is Assistant Regulation
Counsel with the Office of Attorney Regulation Counsel with an emphasis on the
unauthorized practice of law.