2006-07-20 05:53:18 · 3 answers · asked by FLASH 1 in Social Science ➔ Other - Social Science
The term used for this is the "unauthorized practice of law". The attorney practicing outside of where he practices is subject to discipline by the Supreme Court in the state where he is licensed if he is found to be practicing outside the state. He can have his licensed revoked or suspended in the state he is licensed to practice. There is not to my knowlege a private cause of action that someone aggrieved by the attorney's actions can bring to recover damages flowing from the conduct unless the conduct violates some other law that provides a private remedy. An example occured in South Carolina recently where a class action was filed against banks who were not using attorneys to close their transactions. Since an attorney is required to close any loan involving a lien on real estate, the class sought relief premised on the contention that the bank was engaged in the unauthorized practice of law. The court threw the case out stating there was no private cause of action arising from the conduct. The court indicated that yes the conduct was against the law, but that the only remedy was to go the Supreme Court to stop the conduct or file criminal charges against the bank closing the loans. In addition to reporting the attorney's conduct to the state where his is licensed, most stated make it a crime to practice law without a license. The conduct could be reported to the attorney general of the state for prosecution.
2006-07-20 06:09:16 · answer #1 · answered by spirus40 4 · 0⤊ 0⤋
sad to say, just another attorney!
2006-07-20 12:56:46 · answer #2 · answered by Pobept 6 · 0⤊ 0⤋
fling boogers at 'em !!!!!
2006-07-20 13:10:54 · answer #3 · answered by THE Jester 3 · 0⤊ 0⤋