Task Force on the Model Definition of the Practice of Law

Comments on Draft Definition


Comment Submitted via Email


Mr. Garwin,

I have reviewed the definition of the practice of law proposed by the American Bar Association Task Force on the Model Definition of the Practice of Law. I think the Task Force has done an excellent job of defining conduct that does and does not represent the practice of law. The only part of the definition that is unclear to me is part (c)(1), which reads:

(1) Giving advice or counsel to persons as to their legal rights or responsibilities or to those of others;

It is unclear to me what the final phrase "or to those of others" refers to. Is it intended to refer to the legal rights and responsibilities of others? If so, I think it should explicitly say that. If not, then clarification is needed.

Thank you for the opportunity to comment.


Kelly Mitchell, Staff Attorney
Court Projects Unit
Court Services Division
State Court Administrator's Office
Minnesota Supreme Court

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