2011 Unlawful Practice of Law Task Force Report PDF

The practice of law in Oregon is regulated by the legislature and the courts. With some exceptions, only lawyers who are admitted to the Oregon State Bar (OSB) may practice law in Oregon. The Oregon State Bar Act says that a person may not practice law or hold oneself out as qualified to practice law unless that person is an active member of the Oregon State Bar.

The ‘practice of law’ is defined in decisions of the Oregon Supreme Court and generally includes, among other things:

• appearing on behalf of others in Oregon courts and administrative proceedings;
• drafting or selecting legal documents for another when informed or trained discretion must be exercised to meet the person’s individual needs;
• advising someone of his or her legal rights in a particular situation;
• having a law office in Oregon regardless of where clients are located;
• acting as an immigration consultant unless authorized by federal law to do so; and
• holding oneself out as a lawyer.

It is not necessary that money change hands in order for conduct to be the practice of law.

Although it depends on the specific facts of each situation, some of the commonly occurring activities that generally are not considered the practice of law in Oregon include:

• individual litigants who represent only themselves;
• representation of others in justice courts;
• out-of-state lawyers or collection agencies who send demand letters into Oregon, without more;
• properly licensed lawyers who limit their practice exclusively to certain areas of federal law, such as patent law;
• activities of licensed professionals whose actions are within the scope of their licenses; for instance, real estate professionals, title insurance companies, certified public accountants and other licensed tax professionals;
• sale of generic do-it-yourself legal publications without any further personalized assistance in preparation of documents or court papers; and
• internet discussions groups without further personalized assistance in preparation of documents or court papers.

The OSB is responsible for investigating allegations of the unlawful practice of law. Generally, enforcement of prohibitions on the unlawful practice of law is complaint driven, that is, the bar relies on the public to provide information about individuals practicing law without a license. The bar receives complaints from judges, injured consumers, lawyers and other state bar associations.

Complaints are forwarded to the Unlawful Practice of Law (UPL) Committee of the OSB. This committee consists of about sixteen lawyers and four public members, all volunteers appointed by the OSB Board of Governors. Each complaint is assigned to a member of the committee for investigation. The investigator contacts the complaining party and the person being accused of practicing law without a license, and makes other investigation as the facts warrant. The investigator then prepares a report, which is considered by the entire committee at its monthly public meetings. Except in the most complicated cases, the time from initial complaint to consideration by the UPL committee is about six months.

• dismiss a complaint;
• send a notice letter, warning that the accused’s activities could be considered the unlawful practice of law;
• issue an admonition with the consent of the accused;
• enter into a cease and desist agreement with the accused; or,
• recommend to the OSB Board of Governors that the OSB file a lawsuit against the accused to prevent him from continuing to practice law without authorization.

Occasionally, if an investigation suggests that there has been some illegal activity that the UPL committee cannot address, then the UPL committee will forward the results of its investigation to other state bars, to the Oregon Attorney General, or to another appropriate regulatory agency.

If the UPL committee refers a complaint to the OSB Board of Governors, and the Board authorizes a lawsuit, the usual relief sought is an injunction against the continuation of the unlawful practice of law. The OSB can also recover attorney fees and other expenses of litigation. Most cases are resolved before this step.

The Unlawful Practice of Law Committee takes its responsibilities very seriously and investigates every complaint of the unlawful practice of law that it receives. Of course, not every complaint results in a finding of the unlawful practice of law. However, every complaint and every investigation assist the OSB to ensure that consumers are protected from unauthorized practitioners.

If you are concerned that someone you know may be practicing law without a license, please send us a letter describing your concerns, addressed to the:

Download an Unlawful Practice of Law form here.

If you have any questions about what information you should provide, please call 503-620-0222, ext.334.