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NC S353

Bill

Status

Introduced

3/19/2015

Primary Sponsor

Fletcher Hartsell

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Expands the definition of "practice law" to include unlicensed practice and clarifies that it does not include production and sale of legal materials (templates, forms, software) if strict conditions are met, including that materials are produced before consumer contact, provider only types or deletes at consumer direction, no individualized legal advice is given, and clear disclaimers are provided.

  • Requires providers of legal materials to disclose their legal name and physical address, provide consumers with a means to review materials before purchase, notify only of spelling errors or incomplete fields, and not require dispute resolution outside North Carolina.

  • Establishes a mandatory Attorney General review process before the State Bar can issue a cease-and-desist demand or file an action against unauthorized practice of law, unless the Council determines injunctive relief is necessary to prevent fraud or imminent harm to consumers.

  • Allows the Attorney General to approve, disapprove, or modify proposed State Bar enforcement actions to ensure they are consistent with state policy and entitled to state action immunity under federal antitrust laws.

  • Becomes effective upon passage.

Legislative Description

Unauthorized Practice of Law Changes

Last Action

Ref To Com On Rules and Operations of the Senate

3/23/2015

Committee Referrals

Rules and Operations of the Senate3/23/2015

Full Bill Text

No bill text available