The Unauthorized Practice of Law in California: What Non-Lawyers Can Lawfully Do For Others.

An earlier post established that only active members of the California State Bar have a general right to “practice law” in that state, and that the “practice of law” included many activities far removed from the courtroom.  Among other things, the “practice of law” includes the drafting of wills and contracts, the conducting of legal research the giving of legal advice, and the selection of legal forms for even routine matters.

This post addresses the converse question.  It examines what law-related activities that non-lawyer professionals can legally perform without engaging in the illegal and unauthorized practice of law.  It first discusses the seminal decision in People v. Landlords Professional Services (1989) 215 Cal.App.3d 1599, 264 Cal.Rptr 548, and the restrictions that decision imposes on non-lawyers.  It then discusses the California regulatory scheme for non-attorney professionals, which essentially codifies the holdings in Landlords Professional.  Read together, these authorities reinforce the idea that the non-lawyer’s role in the legal field is narrowly drawn, and that the non-lawyer can act as little more than a scrivener without an attorney’s supervision.  Non-lawyers certainly cannot independently draft pleadings, agreements, or other legal documents whenever that work would require them to make substantive decisions regarding the contents of those documents or the language to be used.

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