Task Force on the Model Definition of the Practice of Law

Board of Governors Resolution

RESOLVED, that a Task Force on the Model Definition of the Practice of Law with not more than seven members, including a chair, appointed by the President in consultation with the chair of the Standing Committee on Client Protection shall be established to work in conjunction with the Standing Committee on Client Protection regarding a model definition of the practice of law and to report to the Board of Governors not later than August 2003. This Task Force and the Standing Committee on Ethics and Professional Responsibility shall maintain a liaison relationship.

• President's Challenge Statement
• Recommendation As Adopted August 11, 2003 and Report
  • Michigan Supreme Court cites Task Force Report
• Background to Report
• U.S. FTC/DOJ Comments on the American Bar Association's Proposed Model Definition of the Practice of Law (Dec. 20, 2002)

State Action

• State Definitions of the Practice of Law

Adopted Definitions of the Practice of Law

• General Assembly of North Carolina HB 436 to Further Define the Practice of Law (ratified June 20, 2016)
  • FTC/DOJ Letter to North Carolina regarding the definition of the practice of law in HB  436
• Nebraska Rules Governing the Unauthorized Practice of Law (effective January 1, 2008)
• Utah Definition of the Practice of Law (adopted June 7, 2005)
• Washington State Practice of Law Board
• Connecticut - Rules of the Superior Court, Sec. 2-44A., Definition of The Practice of Law (Effective January 1, 2008)
  • U.S. FTC Comments on Proposed Section 2-44A of the Rules of the Superior Court entitled “Definition of the Practice of Law” (May 17, 2007)

See also AZ, DC and WA under State Definitions of the Practice of Law.

Proposed Definitions of the Practice of Law

• Hawaii
  • U.S. FTC/DOJ Comments on Hawaii's Proposed Rule Concerning Unauthorized Practice of Law (January 25, 2008)
  • Halt Comments (January 25, 2008) and (March 10, 2008) 
  • Hawaii (Revised)
  • U.S. FTC/DOJ Comments on Hawaii's Revised Proposed Rule Concerning Unauthorized Practice of Law (April 20, 2009)
  • Letter from Chief Justice Moon (July 2, 2009)
• Indiana
  • U.S. FTC/DOJ Comments on Draft Proposed Amendment to Indiana Supreme Court Admissions & Discipline Rule 24 Regarding Unauthorized Practice of Law (Oct. 1, 2003)
• Kansas
  • U.S. FTC/DOJ Comments on Kansas Bar Association's Proposed Definition of the Practice of Law (Feb. 4, 2005)
• Massachusetts
  • U.S. FTC/DOJ Comments on Draft Proposed Definition of the Practice of Law in Massachusetts (Dec. 16, 2004)
• Wisconsin          
  • Halt Comments (Oct. 6, 2008)

For additional information, please contact Art Garwin, Publication & Professionalism Counsel at 312/988-5294 or Art.Garwin@americanbar.org.