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August 14, 2018

Task Force on the Model Definition of the Practice of Law

Comments on Draft Definition

Comment Submitted via Email

I have concerns over the breadth of the ABA model definition on practice of law as follows:

A person is presumed to be practicing law when engaging in any of the following conduct on behalf of another:

  1.  Giving advice or counsel to persons as to their legal rights or responsibilities or to those of others; I am a high school teacher instructing my class on the Bill of Rights; I am a parent advising my children of their rights; I am a friend counseling another friend in need of general support and direction.
  2.  Selecting, drafting, or completing legal documents or agreements that affect the legal rights of a person;
  3.  Representing a person before an adjudicative body, including, but not limited to, preparing or filing documents or conducting discovery; or
  4.  Negotiating legal rights or responsibilities on behalf of a person. My daughter wants to work as a babysitter; I negotiate her fee and duties with my neighbor.

Karen K. Koehler