Rhode Island Code of Regulations Title 152 - Unauthorized Practice of Law Committee
Rhode Island Code of Regulations Title 152 specifically addresses the Unauthorized Practice of Law Committee. This Committee is a vital body in Rhode Island's legal system, tasked with protecting the public from individuals who perform legal services without the necessary qualifications and licensure.
Here's a breakdown of what you'll generally find within Title 152:
1. Establishment and Authority:
The Committee is established pursuant to R.I. Gen. Laws § 11-27-19.
Its primary function is to investigate allegations of and enforce the provisions against the unauthorized practice of law (UPL).
The Rhode Island Supreme Court retains ultimate and exclusive authority to define what constitutes the practice of law and to regulate those qualified to engage in it. The Committee operates under the Supreme Court's oversight.
2. Definition of Unauthorized Practice of Law:
Title 152 will reference and incorporate the definition of "unauthorized practice of law" as found in Chapter 11-27 of the Rhode Island General Laws, and potentially other Supreme Court Rules (e.g., Article IV, Rule 1(d) of the Rhode Island Supreme Court Rules on the Periodic Registration of Attorneys, and Article V, Rule 5.5 of the Rhode Island Rules of Professional Conduct).
Generally, the "practice of law" involves performing acts for another person that are customarily done by attorneys in their professional capacity for a fee. This can include:
Preparing legal documents (pleadings, contracts, deeds, etc.).
Providing legal advice or guidance.
Representing clients in court or before administrative bodies (with some limited exceptions, such as self-representation, or in specific administrative settings where non-attorneys are permitted).
Holding oneself out as qualified to practice law.
3. Composition and Appointment:
The Committee typically consists of a certain number of members, including licensed attorneys and often public members, appointed by the Rhode Island Supreme Court.
4. Powers and Duties of the Committee:
Investigate Complaints: The Committee has the authority to investigate complaints alleging UPL.
Administer Oaths and Subpoena Witnesses/Documents: Members of the Committee can administer oaths, summon and examine witnesses, and compel the production of documents (papers, books, accounts, etc.) during investigations and hearings.
Hold Hearings: The Committee can hold hearings to determine whether charges of UPL are substantiated.
Adopt Rules: Subject to Supreme Court approval, the Committee can adopt, amend, and rescind rules and regulations necessary to carry out its duties.
Referral to Chief Justice/Attorney General: After an investigation, the Committee makes written findings of fact and recommendations, which are transmitted to the Chief Justice of the Supreme Court. If warranted, cases may be referred to the Attorney General for civil and/or criminal prosecution.
Immunity: Communications made to the Committee in good faith and testimony given in proceedings before it are typically privileged, protecting complainants and witnesses from lawsuits.
5. Complaint and Hearing Procedures:
Filing a Complaint: Procedures for filing a complaint with the Committee (e.g., certified mail to the chairperson).
Screening of Complaints: The Committee (or a screening panel) reviews complaints to determine if they are unfounded or frivolous and if there is probable cause to believe UPL has occurred.
Notice to Respondent: If a hearing is set, the respondent (the person accused of UPL) must be given written notice of the complaint and hearing details, and an opportunity to respond.
Informal Resolution: The rules may allow for informal conferences to resolve complaints, though formal hearings often follow if an informal resolution is not achieved.
Report and Recommendation: Following a hearing, the Committee prepares a report of its findings and recommendations for the Supreme Court.
6. Penalties for UPL:
While Title 152 outlines the Committee's procedures, the penalties for UPL are primarily defined in R.I. Gen. Laws Chapter 11-27. These can include:
Criminal Penalties: Imprisonment and/or fines, with increased penalties for subsequent offenses (a first offense might be a misdemeanor, subsequent offenses could be felonies).
Civil Remedies: Injunctions to stop the unauthorized practice, and potential lawsuits from affected clients for damages or restitution.
Where to Find the Official Rhode Island Code of Regulations Title 152:
Rhode Island Department of State – Regulations Database: This is the most official source for Rhode Island's administrative regulations. You can search for "Title 152" or "Unauthorized Practice of Law Committee."
Rhode Island Judiciary Website: The Supreme Court often has information about its committees, including the Unauthorized Practice of Law Committee, and may provide direct links to the relevant rules and complaint forms.
Legal Information Institutes (e.g., LII, Justia): These sites often host state regulations, but it's always best to cross-reference with the official state sources for the most current version.
Anyone in Rhode Island who suspects a person or entity is engaging in the unauthorized practice of law can file a complaint with the Unauthorized Practice of Law Committee.
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