7
Jan/03

Proposed Definition of the Practice of Law


Via BNA Internet Law News, an article regarding the ABA attempting to define the practice of law, so as to allow states to enforce statutes that prohibit the unauthorized practice of law.  A pending defintion: “the application of legal principles and judgment with regard to the circumstances or objectives of a person that requires the knowledge and skill of a person trained in the law,” would, in my view, cover some functions in trademark practice now performed by non-lawyers (evaluating search reports and preparing trademark applications, for example).   The FTC and the DoJ have asked the ABA to narrow the definition on the grounds that too broad a definition will reduce competition and leadto higher fees for legal services.

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