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RE: [tips_and_tricks] License to practice law

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  • Michael Noonan
    ... In Illinois, and most likely every other state, the practice of law is defind as holding one s self out to be a licensed attorney, and/or one who charges a
    Message 1 of 8 , Mar 5, 2008
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      --- Frog Farmer <frogfrmr@...> wrote:

      > The Handyman wrote:
      > The reason given for the reversal was BS to
      > conceal that they cannot charge a man with
      > unauthorized practice of law because the right to
      > practice law appears to be "limited to
      > those licensed.." Such right is not "natural or
      > constitutional." Then pray tell me exactly what it
      > is?

      In Illinois, and most likely every other state, the
      practice of law is defind as holding one's self out
      to be a licensed attorney, and/or one who charges a
      fee for giving legal advice.

      Anything else is mere "I'll huff and puff 'til you
      back down," from the judge. I was once threatened,
      actually twice, by two Illinois judges to be charged
      with the unlawful practice of law as I was assisting
      a friend in court.

      The first judge told the court reporter (when chancery
      still had court reporters) to "make a note and then
      contact the attorney general." Nothing further was
      done.

      In the second instance, a little wiser and savier, I
      told the judge to go ahead and charge me, if he thinks
      he can make it stick. He railed at me for the
      comment, (judicial ego in play), but nothing was ever
      done there, either.

      So, unless one is charging a fee and/or holding one's
      self to be a lawyer, it is non sequiter in results.
      Keep the focus simple.

      Cheers!

      mn




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    • Pro Se
      Here s another definition, perhaps we NON - LAWYERS need to use this BOOK. from BARRON s Legal Dictionary for NON-LAWYERS. page 245 JAILHOUSE LAWYER Inmate
      Message 2 of 8 , Mar 5, 2008
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        Here's another definition, perhaps we NON - LAWYERS
        need to use this BOOK.


        from BARRON's Legal Dictionary
        for NON-LAWYERS. page 245

        JAILHOUSE LAWYER

        Inmate though self study of law, assist fellow inmates
        in the preparation of appeals, but DOES NOT possess
        formal training. and is NOT licensed to practice law.
        Reliance on JAILHOUSE LAWYERS is often the ONLY means
        prisoners can be assured access to the courts...

        Thus the use...has been declared to be Constitutionally protected.

        the jailhouse lawyers manual is available
        here:
        Columbia Human Rights Law Review
        Attn: JLM Order
        435 W. 116th St.
        New York , NY   10027




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      • The Handyman
        Michael Noonan In Illinois, and most likely every other state, the practice of law is defind as holding one s self out To be a licensed wrote: attorney, and/or
        Message 3 of 8 , Mar 5, 2008
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          Michael Noonan  
           
           
          In Illinois, and most likely every other state, the
          practice of law is defind as holding one's self out
          To be a licensed wrote: attorney, and/or one who charges a
          Fee for giving legal advice.

          Anything else is mere "I'll huff and puff 'til you
          Back down," from the judge.
           
           
           
          Charging a fee and accepting a donation are two different animals as is assisting with counsel and representation by attorney.  Today there are many places that provide forms and will fill them out for a fee.  None have been challenged to be practicing law that I know of. The only problem I have is sitting at the table and speaking when assisting another.  They will allow you to sit but when you speak the stuff hits the fan.  Only once was I required to leave the table.  I had 3 state criminal trials and had a man sit next to me for counsel at all.  Have never tried this in a civil case.   We discussed many things while the Judge patiently waited for our conference to end and for me to respond.  It actually got funny because the prosecutor kept saying he objected to my having this man to discuss what I would say next.   His objections were over rulled. At my trial I admitted I charge for typing and research but I never sign or filed anybody else's papers with the clerk.  I testified that I had no idea if the pleading were signed or filed. No issue was made of that fact. I was sentenced to 2 years at hard labor but not incarcerated. It was a jury trial.   5 years later I won my appeal. They knew I would win on appeal and that is why I was not incarcerated on that charge. 
           
           
           
           
           




           

           

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