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NC H436

Bill

Status

Passed

6/30/2016

Primary Sponsor

Leo Daughtry

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • Expands the definition of "practice law" to include specific activities while clarifying that certain professional services (mediation summaries, real estate broker form completion, and motor vehicle dealer document assistance) do not constitute unauthorized practice of law.

  • Creates exemption for website providers offering interactive software to generate legal documents, provided they meet seven requirements including attorney review of templates, consumer disclosure of non-substitution for legal advice, and registration with the North Carolina State Bar.

  • Establishes registration requirements for website providers with initial fee not to exceed $100 and annual renewal fee not to exceed $50, with State Bar prohibited from refusing registration.

  • Expands private cause of action for unauthorized practice of law to include recovery of damages, reasonable attorneys' fees, and injunctive relief, while preserving the State Bar's independent enforcement authority.

  • Requires the General Assembly to review the website provider exemption by June 30, 2018, to determine whether the provision should be modified or discontinued.

Legislative Description

Unauthorized Practice of Law Changes

Last Action

Ch. SL 2016-60

6/30/2016

Committee Referrals

Judiciary I9/29/2015
Rules and Operations of the Senate4/21/2015
Judiciary I4/1/2015

Full Bill Text

No bill text available