Also known as: practicing law · practise of law · unauthorized practice of law · UPL
Written by attorneys · grounded in primary & secondary sources — see below
The professional work of a duly licensed lawyer, encompassing conducting cases in court, preparing papers for transactions such as conveyances and mergers, drafting legal documents including wills, rendering legal opinions, and advising clients on legal questions.
Select any source to read its text and confirm it supports the definition.
Priya Prasad sold her family law practice to another firm. She then continued handling a few family law matters for long-standing clients in the same city. The purchaser invoked the sale agreement to require Priya to cease all such work within the jurisdiction.
Portia Price, a nonlawyer, met with customers, explained divorce procedures, selected forms, and instructed them on completing and filing documents. The state bar sued, alleging unauthorized practice. The court barred Price from giving advice or preparing documents beyond mere typing of client-completed forms.
Paula Pierce, a lawyer, formed a partnership with accountant Perry Pratt to offer estate planning services. The partnership agreement gave Pratt an ownership share and profit split. The state bar charged Pierce with violating the prohibition on nonlawyer partnerships that engage in the practice of law.
Pablo Perez, a nonlawyer insurance adjuster, investigated losses, negotiated settlements, and charged a contingent fee. The insured refused payment after settlement. The court held that Perez's activities constituted the practice of law and refused to enforce the fee agreement.
Pierre Poulin, while representing a client in a deposition, made repeated derogatory remarks about opposing counsel's national origin. Opposing counsel filed a grievance. The disciplinary board found that the statements occurred in conduct related to the practice of law and imposed sanctions.
Peak Performance, a law firm in State A, hired a lawyer licensed only in State B who resided across the border. State A denied admission on residency grounds. The court held that the residency barrier violated the Privileges and Immunities Clause because the practice of law is a protected common calling.
Courts examine whether the activity involves giving legal advice, selecting or preparing legal documents, or instructing on procedures and remedies. Nonlawyers may type forms already completed by clients but cross the line by advising on legal options or filing steps.
No. The seller must cease engaging in the private practice of law or the sold area of practice within the relevant geographic area or jurisdiction. Continued work after the sale violates the conditions for a valid practice sale.
No. A lawyer may not form a partnership with a nonlawyer if any partnership activities consist of the practice of law. Ownership interests and profit sharing with nonlawyers are prohibited in that setting.
Yes. Determining losses, negotiating settlements, and charging contingent fees for those services constitute the practice of law. Statutes attempting to authorize unregulated nonlawyer adjusters are unconstitutional where the judiciary holds exclusive authority over the practice of law.
A lawyer violates the rule by engaging in harassment or discrimination based on protected characteristics when the conduct is connected to legal representation or other law-practice activities. The rule covers statements and actions during client matters, negotiations, and court proceedings.
No. Discriminatory residency rules for bar admission infringe nonresidents' right to practice law under the Privileges and Immunities Clause unless the state shows substantial justification. The practice of law is treated as a protected common calling.