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What is the Unauthorized Practice of Law?
When a person or company says or does something on behalf of another person that involves legal discretion or making a decision about legal matters, that is the practice of law. It is the unauthorized practice of law for a person to exercise legal discretion on behalf of another person, or practice law for another person, when they are not legally authorized to do so.
State Bar of Michigan Requests Court Rule Codifying the Definition of the Practice of Law
The State Bar of Michigan requested that the Michigan Supreme Court consider adopting a rule-based definition of the practice of law approved by the State Bar Representative Assembly. The proposal is intended to codify Michigan’s common law defining the practice of law and to serve as a user-friendly guide to educate and protect the public from persons engaged in the unauthorized practice of law. The Standing Committee on the Unauthorized Practice of Law prepared the initial draft of the proposed court rule. It was further refined by a Special Committee on Defining the Practice of Law that represented a broad constituency, and was appointed by former State Bar President W. Anthony Jenkins. Read the State Bar’s transmittal letter and attachments, including the Special Committee’s Report and proposed rule.
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