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Indiana State Bar Association
ISBA LinksCommitteesUnauthorized Practice of Law    August 30, 2014
Unauthorized Practice of Law

The Unauthorized Practice of Law Committee shall keep itself informed with regard to all aspects of issues pertaining to the unauthorized practice of law in the state of Indiana by non-attorneys.  Where appropriate, the committee shall provide comments on proposed unauthorized practice of law issues at the state or national levels.  Where a state or national issue on the unauthorized practice of law is controversial or otherwise should have a policy determination before proceeding, such a determination will be sought from the Association's Board of Governors.

The committee also shall issue written opinions on the subject of the unauthorized practice of law upon requests from any attorney or court or from any non-attorney or other civic or business organization.  The opinion shall be informal or formal.  Formal opinions shall be published in the Association's magazine, Res Gesate, and such other public media as the committee may determine.  If, in the judgment of the committee, a question is highly controversial in nature or for other reasons should have policy discussions, the committee may refer its proposed formal opinion to the Board of Governors of the Association for its determination in repsect thereto.

If the chair of the committee determines that at formal opinion should be issued before the next meeting of the committee, he shall submit the request to other members of the committee and the three of them shall adopt an emergency formal opinion after conferring on the matter Emergency formal opinions shall not be generally disseminated to the membership of the association unless approved at the next meeting of the committee.

Informal opinions may be issued by the Chair of the Unauthorized Practice of Law Committee. Such informal opinions may be issued only to the person requesting the opinion and other persons directly concerned, with copies filed in the Association records.  In addition, the Chair, or the Chair's designees, may respond orally to questions on the unauthorized practice of law to persons requesting the Committee's asssistance.

In issuing formal or informal opinions, the committee shall not give opinions on questions of law.  Also, the committee shall not conduct investigations or issue opinions on disputed facts.  If a party requests an opinion that involves the activities of other parties, the party requesting the opinion must get all involved parties to submit a set of stipulated facts or the party requesting the opinion must pose their question in the form of a hupothetical omitting the names of other involved parties.

 

Council/Membership

“This membership directory is a listing of all attorney and affiliate members of the Indiana State Bar Association by location and substantive law sections and not a recommendation.” 

 

 
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