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LSDefine

Simple English definitions for legal terms

legal practice

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A quick definition of legal practice:

Legal practice refers to the work of a licensed lawyer, which includes a wide range of services such as representing clients in court, preparing legal documents, giving legal advice, and drafting legislation. Unauthorized practice of law is when someone who is not licensed to practice law engages in legal activities. This can be controversial, as some argue that non-lawyers may not provide the same level of protection and expertise as licensed lawyers. However, some jurisdictions allow non-lawyers to provide certain legal services under certain circumstances.

A more thorough explanation:

Legal practice refers to the professional work of a licensed lawyer, which includes a wide range of services such as:

  • Conducting cases in court
  • Preparing legal documents for various transactions such as conveying land or effecting corporate mergers
  • Providing legal opinions on various points of law
  • Drafting wills and other estate-planning documents
  • Advising clients on legal questions
  • Drafting legislation and court rules (which is a less common activity)

Unauthorized practice of law refers to the practice of law by a person who has not been licensed or admitted to practice law in a given jurisdiction. This is typically done by non-lawyers. Examples of unauthorized practice of law include:

  • Representing another person in litigation
  • Advising on estate planning by bank trust officers, insurance agents, stock brokers, or benefit-plan and similar consultants
  • Filling out or providing guidance on forms for property transactions by real estate agents, title companies, and closing-service companies
  • Selling books or individual forms containing instructions on self-help legal services accompanied by personal, non-lawyer assistance on filling them out in connection with legal procedures such as obtaining a marriage dissolution

The controversy surrounding unauthorized practice of law arises from the fact that non-lawyers providing legal services may deny the person served the benefit of legal measures such as the attorney-client privilege, confidentiality of client information, protection against conflicts of interest, and regulation of lawyer trust accounts. However, some jurisdictions recognize that many such services can be provided by non-lawyers without significant risk of incompetent service and at a much lower price than would be entailed by segregating out a portion of a transaction to be handled by a lawyer for a fee.

For example, some states allow law students and others not locally admitted to represent indigent persons or others as part of clinical legal education programs. This allows law students to gain practical experience while providing legal services to those who cannot afford a lawyer.

legal possessor | legal practitioner

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