GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H 4

HOUSE BILL 663*

Committee Substitute Favorable 5/14/13

Committee Substitute #2 Favorable 5/15/13

Senate Judiciary I Committee Substitute Adopted 6/30/14

 

Short Title: Define Practice of Law.

(Public)

Sponsors:

Referred to:

April 10, 2013

A BILL TO BE ENTITLED

AN ACT to FURTHER DEFINE THE TERM "PRACTICE LAW" FOR PURPOSES OF REGULATING THE UNAUTHORIZED PRACTICE OF LAW.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 84‑2.1 reads as rewritten:

" 84‑2.1. "Practice law" defined.

(a) The phrase "practice law" as used in this Chapter is defined to be performing any legal service for any other person, firm or corporation, with or without compensation, specifically including the preparation or aiding in the preparation of deeds, mortgages, wills, trust instruments, inventories, accounts or reports of guardians, trustees, administrators or executors, or preparing or aiding in the preparation of any petitions or orders in any probate or court proceeding; abstracting or passing upon titles, the preparation and filing of petitions for use in any court, including administrative tribunals and other judicial or quasi‑judicial bodies, or assisting by advice, counsel, or otherwise in any legal work; and to advise or give opinion upon the legal rights of any person, firm or corporation: Provided, that the above reference to particular acts which are specifically included within the definition of the phrase "practice law" shall not be construed to limit the foregoing general definition of the term, but shall be construed to include the foregoing particular acts, as well as all other acts within the general definition.

(b) The phrase "practice law" does not encompass any of the following:

(1) theThe drafting or writing of memoranda of understanding or other mediation summaries by mediators at community mediation centers authorized by G.S. 7A‑38.5 or by mediators of employment‑related matters for The University of North Carolina or a constituent institution, or for an agency, commission, or board of the State of North Carolina.

(2) The design, creation, assembly, completion, publication, distribution, display, or sale, including by means of an Internet Web site, of self‑help legal written materials, books, documents, templates, forms, computer software, or similar products if the products clearly and conspicuously state that the products are not a substitute for the advice of an attorney."

SECTION 2. This act is effective when it becomes law.