Unauthorized Practice of Law
If you are a CBA member and go to Casemaker, our online legal research library, to search for "unauthorized practice of law" in The Colorado Lawyer, you will get 194 matching documents. There are a myriad of articles on this topic.
Each of the articles, handouts, formal ethics opinions, and Rules of Professional Conduct linked below cite case law on this subject too numerous to delineate here. Please review each of the items below for the case law.
The Colorado Supreme Court has held that the preparation and marketing of living trust documents by a non-lawyer or a corporation constitutes the unauthorized practice of law. People v. Schmitt, 126 Colo. 546, 251 P.2d 915 (1952).
See Colo. R.P.C. Rule 5.5. Unauthorized Practice of Law: Multijurisdictional Practice of Law.
Formal Ethics Opinion 61: Legal Assistants
Formal Ethics Opinion 79: Use of Legal Assistants in Client Representation
Formal Ethics Opinion 87: Collaboration with Non-Lawyers in Preparation and Marketing of Estate Planning Documents
Issues Involving the Unauthorized Practice of Law - James C. Coyle, Colorado Supreme Court Office of Attorney Regulation Counsel, Sept. 17, 2008 (presented to the CBA Paralegal Committee)
Unauthorized Practice of Law, August 2007, Presenters were James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado; and Philip A. Cherner, Criminal Defense Attorney, CBA-CLE Homestudy