State Bar testifies at a public hearing on unauthorized practice of
law
November 21, 2003
On Nov. 18 the Wisconsin Supreme Court held a public hearing on the
State Bar's petition regarding the unauthorized practice of law (UPL),
requesting the court appoint a committee to submit specific
recommendations for the adoption of Supreme Court Rules defining the
practice of law and unauthorized practice of law and the establishment
of a comprehensive system to administer the guidance and regulation of
lay persons engaged in limited practice of law. The court will revisit
the issue next year.
State Bar President George Burnett represented the Bar's position
outlining key UPL issues:
- Lawyers from other states who provide legal advice to Wisconsin
residents but are not licensed to do so;
- The epidemic of pro se litigants who either cannot afford or choose
not to hire a lawyer; and
- The increased need for oversight and regulation of other professions
that provide services once handled by lawyers.
On Nov. 14 Burnett met with board members of the American Planning
Association - Wisconsin chapter (WAPA) to discuss UPL and its impact on
the planning profession.
WAPA is a nonprofit public interest and research organization
committed to urban, suburban, regional, and rural planning. WAPA and its
professional institute, the American Institute of Certified Planners,
advance the art and science of planning to meet the needs of people and
society. Held at the Madison law firm of DeWitt, Ross & Stevens, the
meeting was organized by State Bar Governor Michael Christopher, legal
counsel to WAPA, and provided a forum to discuss the State Bar's
petition.
"In the interest of public welfare and in an effort to more clearly
define the practice of law, the State Bar has asked the court to appoint
a commission to monitor the unlicensed practice of law," Burnett said.
"If the court approves the petition, the commission would be appointed
by the court from an array of individuals and organizations that have a
significant interest in this important subject."
"Lawyers and planners, as well as other professionals, need to
discuss how our professional orbits intersect," said Christopher.
"Specific guidance will help differentiate professional roles and
clarify the need for oversight and regulation."
