Bill Summary for H 436 (2015-2016)

Printer-friendly: Click to view

Summary date: 

Sep 23 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 436 (Public) Filed Tuesday, March 31, 2015
AN ACT TO FURTHER DEFINE THE TERM "PRACTICE LAW" FOR THE PURPOSE OF PROTECTING MEMBERS OF THE PUBLIC FROM HARM RESULTING FROM THE UNAUTHORIZED PRACTICE OF LAW BY A PERSON WHO IS NOT A TRAINED AND LICENSED ATTORNEY.
Intro. by Daughtry, Bryan, Davis.

View: All Summaries for BillTracking:

Bill summary

Senate committee substitute makes the following changes to the 3rd edition. 

Adjusts the amendment to GS 84-2.1(b), placing certain activities outside the definition of the term practice law. Subsection (2) now refers to a website that offers consumers access to interactive software that generates a legal document based on the consumer's answers to questions presented by the software (was, production, distribution, or sale of materials). The committee substitute adjusts the listed conditions that must be met to take the website outside of the practice of law, including by requiring that an attorney licensed to practice law in North Carolina review each blank template offered to North Carolina consumers.  The provider must keep the name and address of each reviewing attorney on file and provide it to the customer on request. 

Adjusts proposed subsection (3) to include selection or completion (was, completion) of a preprinted form by a real estate broker and clarifies that the exception applies when the broker is acting as an agent in a real estate transaction. 

Includes new subsection (4), placing outside the definition of the term practice law the completion of agreements, contracts, forms, and other documents related to the sale or lease of a motor vehicle. 

Deletes proposed amendment to GS 84-37 pertaining to investigations and injunctions by the State Bar. 

Changes the long title.