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August 13, 2018

Task Force on the Model Definition of the Practice of Law

Comments on Draft Definition

Comment Submitted via Email

I circulated the proposal of 9/18/02 to my colleagues on the Court. Although we applaud the attempt to define the practice, we agree it is too broad. North Dakota has a definition from a early 20th century decision that is also very broad. I expect if that definition was attempted to be enforced under an unauthorized practice of law action it would create a firestorm among real estate agents, etc. The proposal may be an attempt to recover lost ground, but it seems a little late.

Section (c), particularly subsections (1) and (2) appeared to me the most problematic. The liability provisions in subsection (e) also raised questions.

Jerry VandeWalle
Chief Justice of North Dakota