Editing Practice of law (section)

====Definition====
The definition of "unauthorized practice of law" is variable, and is often conclusory and [[tautology (rhetoric)|tautological]],<ref name="Garner">{{cite book |editor-last1=Garner |editor-first1=Bryan A. |title=Black's Law Dictionary |year=1999 |url=https://archive.org/details/blackslawdiction00garn_900 |url-access=limited |edition=7th |place=St. Paul MN |publisher=West |pages=[https://archive.org/details/blackslawdiction00garn_900/page/n1223 1191]–1192 |editor-link=Bryan A. Garner}}</ref> ''i.e.'', it is the doing of a lawyer's or [[counsel]]or's work by a non-lawyer for money.<ref name="ABA"/>  There is some agreement that appearing in a legally constituted court in a legal proceeding to represent clients (particularly for a fee) is considered to be unauthorized practice of law.<ref name="ABA"/><ref name="Garner"/> But other variations are subject to interpretation and conflicting regulation, particularly as to the scope and breadth of the prohibition.<ref name="ABA"/>  ''Black's Law Dictionary'' defines unauthorized practice of law as "The practice of law by a person, typically a nonlawyer, who has not been licensed or admitted to practice law in a given jurisdiction."<ref name="Garner"/>

The [[Restatements of the Law|Restatement]] (Third) of the Law Governing Lawyers notes:

<blockquote>The definitions and tests employed by courts to delineate unauthorized practice by non-lawyers have been vague or conclusory, while jurisdictions have differed significantly in describing what constitutes unauthorized practice in particular areas.</blockquote>

<blockquote>Certain activities, such as the representation of another person in litigation, are generally proscribed.  Even in that area, many jurisdictions recognize exceptions for such matters as small-claims and landlord-tenant tribunals and certain proceedings in administrative agencies.  Moreover, many jurisdictions have authorized law students and others not locally admitted to represent indigent persons or others as part of clinical legal education programs. ...<ref name="Garner"/><ref name="restatement">{{cite book |title=Restatement (Third) of the Law Governing Lawyers |publisher = American Law Institute|year=1998 |edition=4 cmt c}}</ref></blockquote>

What is more controversial is out-of-court activities, particularly drafting of documents and giving advice, and whether that is considered to be unauthorized practice of law.<ref name="Garner"/><ref name="restatement"/> Some states have defined the "practice of law" to include those who appear as a representative in arbitration or act as arbitrators in disputes.<ref name="Spector">{{cite journal |url=http://www.schiffhardin.com/binary/spector-arbitration.pdf |title=Arbitration and The Unauthorized Practice of Law |journal=[[ARIAS Quarterly U.S.]] |publisher=AIDA Reinsurance & Insurance Arbitration Society |date=First Quarter 2006 |volume=13 |pages=16–19 |first1=David M. |last1=Spector |first2=Jessica |last2=Romero |access-date=May 18, 2011 |issue=1 |url-status=dead |archive-url=https://web.archive.org/web/20110725085329/http://www.schiffhardin.com/binary/spector-arbitration.pdf |archive-date=July 25, 2011 }}</ref>  For example, there is a growing conflict between the multijurisdictional practice of law in arbitration proceedings in the financial service industry and state regulation of lawyers.<ref name="BNA">{{cite journal|url=http://www.uslawwatch.com/2010/08/16/finance/bna-insights-state-regulation-unauthorized-practice-law-arbitration-mediation-trend-permitting-multijurisdictional-practice-alternative-dispute-resolution/  |title=BNA INSIGHTS: State Regulation of Unauthorized Practice of Law in Arbitration and Mediation: The Trend Toward Permitting Multijurisdictional Practice in Alternative Dispute Resolution |date=August 16, 2010 |journal=Securities Regulation & Law Report |publisher=[[Bureau of National Affairs]] |access-date=May 18, 2011}}</ref>  With a few exceptions, the general rule is that an appearance at an arbitration does not constitute the practice of law.<ref name="Bennett">{{cite book |url=https://books.google.com/books?id=VfRtIxtVG48C&q=arbitration+as+unauthorized+practice+of+law&pg=PA175 |title=Arbitration: essential concepts |first1=Steven C. |last1=Bennett |pages= 175–178 |place=New York |date=May 2002 |publisher=Incisive Media, LLC |isbn= 978-0-9705970-8-3}} {{ISBN|0-9705970-8-8}}.</ref>

The [[United States bankruptcy court]] for the [[United States District Court for the Eastern District of Tennessee|Eastern District of Tennessee]] has held that "providing clients with explanations or definitions of such legal terms of art ... is, by itself, giving legal advice."<ref name=software/><ref name=nbc/> The [[North Carolina State Bar]] has held that "definition of lien law terms, warnings regarding time requirements, and reminders about sending out preliminary notices within five to ten days of beginning work, when combined with its preparation of legal documents [in the manner described], constitute providing legal advice."<ref name=software>{{cite news|title=Can Software Practice Law? The Unauthorized Practice of Law and Technology|first=Nate|last=Budde|date=11 April 2014|work=The Lien & Credit Journal|url=http://www.zlien.com/articles/can-software-practice-law-upl-technology/|access-date=14 April 2014|archive-url=https://web.archive.org/web/20140415004141/http://www.zlien.com/articles/can-software-practice-law-upl-technology/|archive-date=15 April 2014|url-status=live}}</ref><ref name=nbc>North Carolina State Bar v. Lienguard, Inc., [http://www.ncbusinesslitigationreport.com/uploads/file/2014NCBC%2011.pdf 2014 NCBC 11]</ref>

[[Texas]] law generally prohibits a person who is not an attorney from representing a client in a personal injury or property damage matter, and punishes a violation as a misdemeanor.<ref>[http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.008.00.000038.00.htm Tex. Gov’t Code sec. 38.123.  Chapter 38 of the penal code, containing 38.122 and 38.123] {{webarchive |url=https://web.archive.org/web/20090501190606/http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.008.00.000038.00.htm |date=May 1, 2009 }}</ref> Some states also criminalize the separate behavior of falsely claiming to be lawyer (in Texas, for example, this is a felony if done to obtain economic benefit).<ref>Tex. Gov’t Code sec. 38.122</ref>