7. Unauthorized Practice of Law

Unauthorized Practice of Law

Concept

Unauthorized practice of law occurs when a person performs legal work reserved to a lawyer without authority to do so. It is not limited to appearing in court: the nature of the work matters, particularly whether it calls for the application of legal knowledge and judgment for another person. The rule protects the public from unqualified representation and preserves the courts’ authority over the practice of law. (Rule 138, Section 1, Rules of Court)

Governing provisions

Rule 138 states the general qualification: a person duly admitted to the Bar and in good and regular standing is entitled to practice law. Admission alone therefore does not answer every question of authority to practice; the lawyer’s standing also matters. Separate rules permit specified forms of assistance or supervised legal work without granting a general license to practice. (Rule 138, Section 1, Rules of Court) (Rule 138-A, Rules of Court)

The Code of Professional Responsibility and Accountability (CPRA) also regulates how legal services are offered to the public. A law firm is a private office, partnership, or association exclusively comprised of a lawyer or lawyers engaged in practice and holding themselves out as such. Its name must not be false, misleading, or assumed. These requirements matter because the way an office presents itself may suggest that its services are supplied by authorized lawyers. (Art. 26, CPRA)¹

Requisites / Rules

• Identify the act. Determine whether the person merely performed administrative work or undertook representation or other work requiring legal judgment. A title, office sign, or description of services should be assessed alongside what the person actually did. (Rule 138, Section 1, Rules of Court)
• Identify the authority. Check whether the person is entitled to practice as a lawyer or is acting within a specific permission under the procedural rules. Authority for a limited act should not be treated as authority for unrestricted practice. (Rule 138, Section 1, Rules of Court) (Rule 138-A, Rules of Court)
• Check how services are offered. Lawyers may advertise only through dignified, verifiable, and factual information; they may not solicit, or appear to solicit, legal business. A lawyer or firm cannot avoid professional duties by using a representative to attract legal work. (Art. 17, CPRA)²

Distinctions

Unauthorized practice concerns whether a person has authority to do the legal work in question. Improper solicitation or a misleading firm name concerns how legal services are presented, even where lawyers are involved. The issues can overlap, but proof of one should not substitute for identifying the act and the actor’s authority in the other. The separate topic of penalties addresses the consequences once the conduct has been established. (Rule 138, Section 1, Rules of Court) (Art. 17, CPRA)² (Art. 26, CPRA)¹

Bar tip

In a problem involving a nonlawyer, ask two questions in order: What legal work was actually done, and what rule, if any, authorized that person to do it? (Rule 138, Section 1, Rules of Court) (Rule 138-A, Rules of Court)