instances, defining the practice of law is more susceptible to interpretation. Are psychologists permitted to draft custody agreements? Are paralegals permitted to draft wills for clients without the supervision of a practicing attorney? Are engineers permitted to represent developers before a Zoning Hearing Board? Are accountants permitted to form corporations for clients? The answer to all of these questions is a resounding no. While each of these professionals undoubtedly has some knowledge of the legal issues involved, that does not make them a lawyer. Nevertheless, these unlawful activities have been encountered in Montgomery County. The MBA’s UPL Committee polices UPL to protect both lawyers and the community at large. When non-lawyers practice law, attorneys are deprived of representation in the already competitive legal marketplace. More importantly, clients suffer from
inadequate representation. Clients “represented” by non-lawyers bear the brunt of the poor result, often financially. The unlawful actions of non-lawyers leave disenfranchised clients with a bad taste in their mouth for the legal system. The MBA UPL Committee is structured to serve the needs of both the legal community and the public. The UPL Committee receives referrals from attorneys who encounter UPL in their own practices. Once the Committee receives a referral, it is immediately assigned to a Committee member for investigation. Following the investigation, the Committee member presents the factual and legal findings to the Committee. A Committee vote then determines the appropriate course of action. The Committee is cognizant that certain, lawful business ventures that tangentially involve legal matters may not constitute UPL. The Committee takes precaution to thoroughly
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investigate the conduct to ensure that any action is directed at those persons or entities unlawfully practicing law. Action by the UPL Committee normally involves the transmittal of a cease and desist letter to the offending party. These letters have been very effective in stopping the unlawful conduct. Persistent violations involve referral to the Pennsylvania Bar Association’s UPL Committee or the Montgomery County District Attorney. The UPL Committee can only function through referrals from members. The expansive and amorphous nature of the practice of law begets unlawful intrusion into the province of lawyers. It is the members of the MBA that are on the frontline to discover UPL. Contacting the UPL Committee with potential UPL referrals serves to protect Montgomery County residents. To report UPL, please contact UPL Committee Co-Chairs Eric Smith (esmith@highswartz.com) or Seth Wilson (swilson@morrisclemm.com).