Wednesday, May 25, 2011

Sounding Lawyerly Not Unauthorized Practice

A Colorado Hearing Board dismissed a complaint alleging unauthorized practice against a suspended attorney.

A summary of the findings:

Respondent was suspended from the practice of law in 2004 and has not been reinstated to the bar. In 2008, Respondent began to work as a paralegal. In that capacity, he drafted letters to opposing counsel concerning post-dissolution decree matters and arguably communicated settlement proposals to opposing counsel. Although the tone of Respondent’s letters to opposing counsel was somewhat lawyerly, Respondent was forthcoming about his suspended status, and he worked under the direct supervision of his employer, a licensed attorney.

The hearing board found that Respondent's prediction to the opposing counsel that he would soon be reinstated and that they would go at it "mano a mano" thereafter "amounted to unwise speculation, but not to a rule violation [of unauthorized practice]."

Not only unwise, also inaccurate. (Mike Frisch)

Bar Discipline & Process | Permalink

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