Fw: unauthorized practice of law without as license
> Opinion No. 93-15
> March, 1994
> Topic: Unauthorized practice of law, non-attorneys representing employers
> Illinois Department of Employment HearingsReferees
> Digest: 1) Employer representation by non-attorney representatives to
> prepare and present evidence at termination hearings constitutes
> unauthorized practice of law.
> 2) Participation in administrative hearings by attorneys where lay persons
> represent another party does not constitute aiding in the unauthorized
> practice of law.
> Ref.: Illinois Rules of Professional Conduct, Rule 5.5(b)
> ISBA Opinions on Professional Conduct, Nos. 88-8, 91-15, 90-35, 705
> 705 ILCS 205/1
> 205 ILCS 220/1
> 5 ILCS 315/5
> 115 ILCS 5/3 and 5/5(g)
> People ex rel Chicago Bar Association v. Barasch, 406 Ill. 253, 94 N.E.2d
> 148 (1950)
> At hearings held by the Illinois Department of Employment Security,
> (hearing officers) conduct examinations, receive evidence and testimony,and
> either grant or deny unemployment benefits to the terminated employee.non-attorneys,
> Employers employ non-attorneys to prepare documentary evidence, examine
> witnesses, and generally represent the employer at these hearings.
> 1. Are the employers and their non-attorney representatives practicing law
> without a license (engaged in the unauthorized practice of law)?
> 2. Are attorneys who participate in the hearing process with
> aiding in the unauthorized practice of law?statute
> Illinois law provides that no person shall practice law without being
> authorized to do so. (Licensed) 705 ILCS 205/1. An exception in the
> relates to the right of employees/employer to engage in collectiveunemployment
> bargaining activities without using an attorney. The claim for
> benefits which is the subject of the hearings complained of herein, do notdegree
> constitute collective bargaining activities and so do not come with the
> statutory exception to practicing law without a license. 5 ILCS 315/5, 115
> ILCS 5/3 and 5/5(g).
> It is unlawful for a corporation to practice law (705 ILCS 220/1) and
> corporations must employ an attorney to represent them.
> The practice of law has been defined generally as giving of advice or
> rendering any sort of service by any person, firm or corporation when the
> giving of advice or rendering of such service requires the use of any
> of legal knowledge or skill. It has been defined as appearing in court orsuch
> before tribunals representing one of the parties, counseling, advising
> parties and preparing evidence, documents and pleadings to be presented.It
> has been defined as preparing documents the legal effect of which must berel
> carefully determined according to law. It has been defined as referral to
> attorneys for service; advising or filling out of forms; negotiations with
> third parties and, in short, engaging in any activities which require the
> skill, knowledge, training and responsibility of an attorney. People ex
> Chicago Bar Association v. Barasch, 406 Ill. 253, 94 N.E.2d 148 (1950).The
> fact situation given herein, indicates that employers (maybe corporations)participate
> are employing lay individuals to give legal advice, prepare evidence for
> presentation to a tribunal, examine witnesses and documents and
> at administrative hearings. Such use of non-attorneys, not allowed by anyunauthorized
> statutory exception, constitutes the unauthorized practice of law.
> The second question asks whether attorneys participating in the process
> (either as hearing officers or participants) are aiding in the
> practice of law prohibited by Rule 5.5(b). Involvement in a matter where
> some other party violates the law or rules does not necessarily become an
> activity in aid of the unauthorized practice of law.
> * * *
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