UNAUTHORIZED PRACTICE OF LAW CHANGES.

View NCGA Bill Details2015-2016 Session
Senate Bill 353 (Public) Filed Thursday, March 19, 2015
AN ACT TO FURTHER DEFINE THE TERM "PRACTICE LAW" FOR THE PURPOSE OF PROTECTING MEMBERS OF THE PUBLIC FROM SERIOUS HARM RESULTING FROM THE UNAUTHORIZED PRACTICE OF LAW BY A PERSON WHO IS NOT A TRAINED AND LICENSED ATTORNEY AND TO ESTABLISH A PROCESS OF REVIEW BY THE ATTORNEY GENERAL PRIOR TO ANY ACTION BY THE STATE BAR TO ENJOIN THE UNAUTHORIZED PRACTICE OF LAW.
Intro. by Hartsell.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Mar 23 2015)

SOG comments (1):

Identical bill

Bill as filed is substantively identical to H 436 as filed 3/31/15.

Bill History:

S 353

Bill Summaries:

  • Summary date: Mar 19 2015 - More information

    As the title indicates. Amends GS 84-2.1(b), adding to the actions and activities not encompassed in the phrase "practice law." Adds that the practice of law does not include the production, distribution, or sales of materials if the 11 specified conditions are satisfied, including: the production of the materials occurred entirely before any contact between the provider and the consumer; during and after initial contact between the provider and the consumer, the provider's participation in creating or completing any materials is limited to typing, writing, or reproducing exactly the information provided by the consumer or deleting content that is visible to the consumer at the instruction of the consumer; the provider does not provide any individualized legal advice to or exercise any legal judgment for the consumer; and the provider clearly and conspicuously communicates to the consumer that the materials are not a substitute for the advice or services of an attorney.

    Amends GS 84-37, adding new subsection (a1) to establish a process of review by the state Attorney General to be undertaken before there is a cease and desist demand issued or the bringing of an action to prevent or prohibit the unauthorized practice of law. Makes conforming changes.


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