“Practice of Law”

• Activities Constituting Law Practice1 –

o Appearing in Judicial Proceedings
o Engaging in Settlement Negotiations
o Drafting documents that affect substantial legal rights or obligations such as:
 Contracts
 Wills
 Trusts
o Some courts hold also doing Estate Plans or low-cost divorce help.

• Activities NOT Constituting Law Practice2

o Some state & federal agencies permit accountants to appear on behalf of their clints
o Nonlawyers may not draft documents but can act as scriveners (filling in blanks on
standard forms) BUT… a lawyer can delegate tasks to a paralegal, law clerk,
student intern, or other such person IF the lawyer:
 Supervises the delegated work carefully and must be ultimately
responsible for results.
o Paralegal can communicate with others via firm letterhead for routine requests but must
indicate that he/she is a Paralegal, not a lawyer
o Paralegals should not:
 Sign letters to clients, adversaries, opposing counsel, or tribunals

1
BarBri “Professional Responsibility” 2009 Edition, by Richard C. Wydick.

2
supra.