April 8, 2019
Federalist Society Review
Is It Time to Revisit the Constitutionality of Unauthorized Practice of Law Rules?
Every jurisdiction has a rule against the unauthorized practice of law. Rule 49 of the Rules of the District of Columbia Court of Appeals, for example, governs the unauthorized practice of law in the District of Columbia. Like virtually every other such rule in jurisdictions throughout the United States, it prohibits certain conduct by both non-lawyers and lawyers who are admitted to other bars, but not the D.C. Bar.
Two recent opinions—a concurrence joined by three judges of the Ohio Supreme Court and a United States Supreme Court opinion—have raised constitutional questions about regulations of the unauthorized practice of law.
Case: Is It Time to Revisit the Constitutionality of Unauthorized Practice of Law Rules?