The future of the legal document preparation industry
is at a critical juncture. More and more people are
seeking affordable assistance in representing themselves
in legal matters and are turning to many new, non-lawyer
sources. The business of legal document preparation
is growing rapidly and gaining prominence. As a result,
legal document preparers are under unprecedented attack
for unauthorized practice of law violations.
In our ongoing effort to protect and promote the industry,
we monitor legislation, Supreme Court and bar association
activity in all fifty states to make sure that legal
document preparers are fairly represented and that they
are allowed to continue offering high quality, affordable
solutions to citizens asserting their right of self-representation.
The following is only a sample of the legislation and
regulatory activities affecting legal document preparers
in the last legislative session. As state legislatures
reconvene, we will continue to update this website with
information regarding actions affecting legal document
preparers.
Bill |
|
Summary |
|
Last Action |
| Florida S.B. 192 - Advertising
for Legal Services |
|
· Requires ads
& unsolicited written communications for legal
services to comply with rules regulating The Florida
Bar;
· Requires that such advertisements
be filed with The Florida Bar.
|
|
05/06/05 HOUSE Died in Committee
on Judiciary, not introduced in 2006 session |
| |
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| Florida S.B. 906/H.B. 395 - Paralegal
Profession Act |
|
· Creates regulations
for paralegals, including:
· Educational requirements;
· Paralegal code of ethics &
professional responsibility;
· Provides for reciprocity;
· Establishes Paralegal Regulation
Board.
|
|
SB 906: 05/05/06 SENATE Died in
Committee on Judiciary
HB 395: 05/05/06 HOUSE Died in Committee on Business
Regulation
|
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| Illinois S.B. 2353/H.B. 4686 -
Legal Document Preparer Act |
|
· Establishes
the Board of Legal Document Preparers and outlines
its duties and powers;
· Provides eligibility requirements
for certification;
· Sets out services that may
be provided by a legal document preparer;
· Provides guidelines for application
and renewal process;
· Provides disciplinary actions,
code of conduct, and fee schedule. |
|
SB 2353: 02/17/06 SENATE Rule 3-9
(a)/Referred to Rules
HB 4686: 01/12/06 HOUSE Referred to Rules
|
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Montana S.B. 111 - Revises "Practice
of Law"
|
|
· Any person,
including paralegals, may not engage in the practice
of law by discussing the law with any person free
of charge or for a fee.
|
|
03/01/2005 (S) Missed Deadline
for General Bill Transmittal |
| |
|
|
|
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| Montana S.B. 476 - Revises Definition
of "Practice of Law" |
|
· A person does
not engage in the practice of law by preparing:
· A written separation agreement;
· A family law mediation agreement. |
|
03/01/2005 (S) Missed Deadline
for General Bill Transmittal |
| |
|
|
|
|
Nebraska L.B. 700 - Unauthorized
Practice of Law
|
|
· No person
may draw pleadings or other papers to be signed
and filed by a party in any court of record of this
state or before an administrative body for which
the Legislature specifically requires representation
by an attorney, unless they have been admitted to
the bar by the state. |
|
02/14/2005 Notice of hearing |
| |
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| New Mexico H.B. 752 - Unauthorized
Practice of Law |
|
· The unauthorized
practice of law includes:
· Selecting, drafting or preparing
any document in any medium intended to affect or
secure legal rights or incur legal obligations for
a specific person if you are not an attorney;
· The unauthorized practice of
law does not include:
· The provision of services by
a paralegal pursuant to rules promulgated by the
Supreme Court. |
|
HB752: Died |
| |
|
|
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New Jersey S1822 - Unauthorized
Practice of Law Penalties
|
|
· Increases
the penalties for engaging in the unauthorized practice
of law. |
|
5/8/06 Introduced |
| |
|
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|
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New York S1865 - Practice of Law
Penalty
|
|
· Increases
the penalty for practicing or appearing as an attorney-at-law
without being admitted and registered to a felony.
|
|
2/13/06 Passed Senate, Delivered
to Assembly, Referred to Judiciary |
