Bill Summary for H 436 (2015-2016)

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Summary date: 

Jun 15 2016

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.

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Bill summary

Conference report makes the following changes to the 4th edition.

Amends GS 84-2.1(b), which sets out what is not encompassed in the phrase "practice law," by deleting proposed subdivision (2). Moves the language of proposed subdivision (3) to subdivision (2), and adds that the selection or completion of a preprinted residential lease agreement by a person or Web site provider is not encompassed in the phrase "practice law." Also, adds that nothing in subdivision (2) or in GS 84-2.2 is to be construed to permit any person or Web site provider not licensed to practice law in accordance with GS Chapter 84 to prepare for any third person any contract or deed conveying any interest in real property, or to abstract or pass upon title to any real property, which is located in the State. Makes technical changes.

Enacts GS 84-2.2, Exemption and additional requirements for Web site providers.

Provides that the practice of law, including the giving of legal advice, as defined in GS 84-2.1, does not include the operation of a Web site by a provider that offers consumers access to interactive software that generates a legal document based on the consumer's answers to questions presented by the software, provided that seven requirements are satisfied, with the first six requirements being the same as subsubdivisions a through f of proposed subdivision (2) of GS 84-2.1 that was deleted by the act. Adds a new requirement that the provider must have a consumer satisfaction process, which is conspicuously displayed on the provider's Web site. Requires all consumer concerns involving the unauthorized practice of law made to the provider to be referred to the North Carolina State Bar (Bar).

Requires a Web site provider subject to the statute to register with the Bar prior to commencing operation in the State and to renew its registration with the Bar annually. Prohibits the Bar from refusing registration. Provides that each Web site provider subject to the statute must pay an initial registration fee not to exceed $100 and an annual renewal fee not to exceed $50.

Provides that the General Assembly is to review the implementation of new GS 84-2.2 and consider whether the provision should be modified or discontinued by June 30, 2018.

Changes the act's long title.