• Unauthorized Practice of Law is a code of ethics and in some states a criminal violations in the criminal statute.
In the United States, only licensed professionals can legally practice law. In general, the practice of law is someone who applies the law to the facts of a particular case.
According to the American Bar Association, Center for Professional Responsibility, as of 2007, only 19 states have defined the "practice of law" by statute or court rule.
In Colorado, UPL is defined by case law and there is NO CRIMINAL STATUTE for the violation of UPL. This is purely a LEGAL ETHICS violation. And while a paralegal is taught to uphold the legal ethics rules lawyers are bound to, we are not bound by it. Legal ethics rules are rules binding the licensed lawyers.
The Colorado Supreme Court has defined it as follows: We believe that generally one who acts in a representative capacity in protecting, enforcing, or defending the legal rights and duties of another and in counseling, advising and assisting him in connection with these rights and duties is engaged in the practice of law. Koscove v. Bolte, 30 P.3d 784 (Colo.App. 2001). [Emphasis added]
To view the facts of the case, click here
Instead of prohibiting other lawyers from practicing law in states where they aren't licensed, a better strategy, as Deborah Rhode mentions in her book, "is to make competence and character evaluations more closely related to performance in practice."
Rule 5.5 Comment 1 of the Colorado Professional Responsibility Code says "persons not admitted to practice law in Colorado cannot hold themselves out as lawyers in Colorado or as authorized to practice law in Colorado."
• RULE 5.3. RESPONSIBILITIES REGARDING NONLAWYER
ASSISTANTS (Colorado Professional Responsibility Code)
With respect to nonlawyers employed or retained by or associated with a lawyer:
(a) a partner, and a lawyer who individually or together with other lawyers
possesses comparable managerial authority in a law firm shall make reasonable
efforts to ensure that the firm has in effect measures giving reasonable assurance
that the person’s conduct is compatible with the professional obligations of the
lawyer;
(b) a lawyer having direct supervisory authority over the nonlawyer shall make
reasonable efforts to ensure that the person’s conduct is compatible with the
professional obligations of the lawyer; and
(c) a lawyer shall be responsible for conduct of such a person that would be a
violation of the Rules of Professional Conduct if engaged in by a lawyer if:
(1) the lawyer orders or, with the knowledge of the specific conduct, ratifies
the conduct involved; or [agency law]
(2) the lawyer is a partner or has comparable managerial authority in the law
firm in which the person is employed, or has direct supervisory authority
over the person, and knows of the conduct at a time when its consequences
can be avoided or mitigated but fails to take reasonable remedial action. [negligent malpractice]
• Paralegal Pro Bono Opportunities
Colorado Rules of Professional Conduct, approves the following pro bono legal work for paralegals includes:
(1) work taken on in conjunction with and under the supervision of an attorney working on a specific pro bono legal matter, or
(2) work handled independently for an organization that provides pro bono legal opportunities, provided, however, that such participation does not create an attorney-client relationship and/or involve the paralegal’s provision of legal advice.
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