[Felonious Monkey]

I would like to clarify exactly what UPL is and who it applies to, since the consequences of it could be pretty nasty, if I understand correctly:

From Wikipedia (yes, I know it's not the be-all-end-all of legal definitions, but it's a good place to start for the purposes of kickstarting a discussion):

http://en.wikipedia.org/wiki/Attorney

Unlicensed practice of law

Some states provide criminal penalties for (1) falsely holding oneself out to the public as a lawyer, and (2) the unauthorized practice of law by a non-lawyer.

A person who has a J.D. degree but is not admitted to any bar is not a lawyer, and cannot legally engage in the practice of law. In most states, even the practice of law by an "out-of-state" lawyer is considered the unauthorized practice of law within that state. Exceptions are sometimes made when the out-of-state lawyer is permitted temporarily to practice within the state pro hac vice or in some cases as in-house counsel for corporations.

In addition, a few areas of law, such as patent law, are mandated by the U.S. Constitution to be strictly under federal jurisdiction. In this case, state courts and bar associations are not allowed to restrict the practice of that field of law, and a patent attorney may freely advise clients as to patent matters anywhere in the jurisdiction of the United States with impunity, without regard to state court or bar association rules. Furthermore, prior to November 15, 1938, individuals could become registered as “patent attorneys” with the PTO without ever passing a state bar exam or going to law school. That status was grandfathered for patent attorneys registered prior to that date. This represents a holdover to the traditional meaning of the term “attorney” as “agent” or “attorney-in-fact”. There are still some living patent attorneys who became registered as patent attorneys before that date, as far back as 1934. Today, a non-lawyer can take and pass the Patent Bar, but he or she would be considered a patent agent.

In some jurisdictions, the definition of the practice of law is quite strict; persons have been successfully prosecuted for publishing do-it-yourself will forms and for representing special education children in federal proceedings as specifically allowed by federal law.

Paradoxically, some jurisdictions will allow a non-attorney to sit as a judge, usually in lower courts or in hearings by governmental agencies, even though a non-attorney may not practice before these same courts. This extends to the U.S. Constitution itself, which does not mention any requirement that a U.S. Supreme Court justice or other federal judge be a lawyer, although it appears that no non-lawyer has ever been appointed as a federal judge.

[Felonious Monkey]

So then, am I to understand that UPL only applies to attornies?

Does that mean, then, that a non-attorney like myself can discuss all matters law-related, give "advice" pertaining to legal matters, cite case-law and generally help people in a manner not unlike an attorney? Do I need to disclaim all of my statements by saying that I am not an attorney, and that I am not giving legal advice?

I'd like to continue helping/receiving help, but I want to make I sure I know where the line is so I do not cross it.

[centex]

I would not base ANY legal decisions or opinions off of an entry in Wikipedia, a source that by its own admission is capable of editing by the user base.

If you have a concern about UPL, then look to other sources such as Penal Code and Bar Rules.

[Felonious Monkey]

Originally Posted by centex

I would not base ANY legal decisions or opinions off of an entry in Wikipedia, a source that by its own admission is capable of editing by the user base.

If you have a concern about UPL, then look to other sources such as Penal Code and Bar Rules.

For the state I am in, correct?

[centex]

Originally Posted by Felonious Monkey

For the state I am in, correct?

Strictly speaking...yes. Some would advance the argument that you would also need to look at those guidelines applicable to the other state/jurisdiction, but I would opine that such is likely overkill unless you are contemplating drafting something that would be used in the other jurisdiction.

If you notice, on those occasions where I do try and toss something from the RCP out there, I reference a Texas provision and recommend that they find something similar in their jurisdiction. Even if someone tried to get pissy and claim UPL, I have created a de facto defense that my comments were only directly applicable to my own state.