Monday, November 17, 2008

New "Practice of Law" Definition Written

The Hawaii State Bar Association has crafted a new definition for the practice of law in Hawaii and will send its draft to the Hawaii Supreme Court next week.

After a year of occasionally contentious discussions in which professionals like accountants and real estate brokers accused the lawyers of trying to steal their work, the new draft makes a point of saying that the rules are not intended to restrict anyone from doing their usual business.

Instead, it says no person shall “hold themselves out as a lawyer, or being authorized or competent to practice law in this state unless the person is an active member of the state bar in good standing.”

The original draft was one page. The latest version is four pages and contains a dozen exemptions, including the preparation of real estate contracts, purchase and lease agreements and tax returns; selling or soliciting insurance and annuity products; performing paralegal services; and selling legal forms to the public or publishing legal self-help information in print or electronic media.


(Source: Pacific Business News (Honolulu):)

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