Here is something that I will push to have someone lose an election in my state if this crap goes through. >:(

Who can give advice on law?
Critics say ABA limit could hurt the poor and victims of abuse

By CANDACE HECKMAN
SEATTLE POST-INTELLIGENCER REPORTER

Consumer advocates and federal officials spoke out Friday in opposition to an American Bar Association proposal that asks state courts to stop people who aren't lawyers from helping others navigate the legal process.

Charities would be barred from advising people of their legal rights and responsibilities, or filling out legal forms for poor people, the critics told a bar association task force in Seattle.

The proposal might also stop social workers from helping abuse victims file for restraining orders or other court protections, opponents said.

The move to limit those practices stems from problems consumers face when they get terrible legal advice, often paying for services that are inadequate or lead to further legal trouble.

Charged with writing a national definition of what constitutes the practice of law, the task force took arguments at a hearing at the Washington Convention and Trade Center.

The national organization, which governs practicing lawyers, is meeting here through Tuesday.

While there is clear evidence that consumers have been hurt by lay people dispensing legal services, the ABA proposal, which would be referred to individual states to adopt, is "overbroad," said Charles Harwood, Northwest director of the Federal Trade Commission.

The FTC and the U.S. Justice Department sent a letter in December warning the bar association that its proposal would limit competition, likely causing attorney fees to rise. People would have to hire lawyers to conduct many financial transactions, such as buying a house or filing taxes, the federal agencies cautioned.

Maryland lawyer Richard Granat, who heads the ABA's electronic-lawyering task force, warned that the new definition might be opposed on constitutional grounds.

"Lawyers don't own the law," Granat said. "Everybody owns the law."

And creating less competition for lawyers may further sully the profession's public image, he added.

Though task force members heard again and again that their efforts to define legal practice will be highly controversial, Lish Whitson, the Seattle lawyer heading the committee, said he is confident that it can be done.

He was part of state bar committees to develop a definition of legal practice in Washington, which was adopted recently.

Whitson said he expects to submit another proposal to ABA officers in mid-March but would not force the matter if the task force could not reach a consensus.

In most cases, the people offering what could be considered legal services, such as filling out immigration or other court-related forms, are not regulated or governed by professional standards.

"This is really about consumer protection," said Stephen Crossland, chairman of the newly established Washington state Practice of Law Board.

States already have laws on the books that regulate certain professionals and what within their normal duties would constitute a practice of law, such as rules governing real estate brokers.

But several state bar associations have tried, some successfully, to establish some sort of standard for law practices.

Practicing law without a license is not legal, but few states have defined what practicing law means.

The Washington Supreme Court in 2001 established the board to investigate complaints about people without law licenses hurting consumers through bad legal advice and pseudo law practice.

The state bar association gave the court a statewide definition that is similar to what the ABA is now proposing, back in 1999.

The board, which just adopted its own conduct rules in December, has not yet investigated a case, Crossland said.

Crossland also said that the board would hear complaints about unlawful practice, investigate whether consumers are being harmed by it and request that the practitioner stop.

If the board cannot resolve the issue on its own, it will make a recommendation of charges to the county prosecutor.

The proposal is available on the ABA's Web site at www.abanet.org

I agree that they should stop people from paying someone other than a lawyer for legal advice, but as far as charities, etc., I don't think that is right.  Take, for example, a woman who has just left an abusive marriage and goes to a shelter.  She probably just left with clothes, etc. and doesn't have the money to hire a lawyer to help her with a restraining order, etc.  

One has to wonder why the law is so complex that you need an expensive professional to explain it.
Surely, everyone is obliged to obey the law and this kind of implies that you can understand it.

The first thing we do, let's kill all the lawyers. - William Shakespeare, The Second Part of King Henry the Sixth

Why not have a licensing scheme for lay lawyers?  If you're a practicing lawyer, you have to be a member of the ABA, but have another association to keep an eye on non-lawyers who give legal advice.  Obviously, the ABA wouldn't come up with a solution like that... You could call it the Society for Legal Advice Practioners, or SLAP for short - add bumper stickers like "SLAP a lawyer today", and you're away!

Phil