Numerous potential legal violations of consumer protection laws, including the federal Credit Repair Organizations Act (CROA), Federal Trade Commission (FTC) Telemarketing Sales Rule, state debt settlement and debt management laws, and
unauthorized practice of law provisions.
Not exact matches
In the interim, should they be allowed to prosecute the offence
of «the
unauthorized practice of law,» given that such prosecutions now aim to protect a monopoly over the
provision of legal services that is greater than that granted them by
law?
on The End
of the Monopoly Over the
Provision of Legal Services and Prosecutions for the «
Unauthorized Practice of Law», Part 2
of 2
[Part 1, last week, questioned the propriety
of law societies» exclusive control
of their monopoly over the
provision of legal services, and their prosecution
of offences
of «the
unauthorized practice of law,» given the many reports documenting the fact that the majority
of the population can not afford legal services at reasonable cost, particularly so for litigation.
If any person knowingly violates any
of the
provisions of G.S. 84 - 4 through G.S. 84 - 6 or G.S. 84 - 9, fraudulently holds himself or herself out as a North Carolina certified paralegal by use
of the designations set forth in G.S. 84 - 37 (a), or knowingly aids and abets another person to commit the
unauthorized practice of law, in addition to any other liability imposed pursuant to this Chapter or any other applicable
law, any person who is damaged by the unlawful acts set out in this section shall be entitled to maintain a private cause
of action to recover damages and reasonable attorneys» fees and other injunctive relief as ordered by court.
These are the software and legal information tools that the North Carolina Bar seeks to restrict by not clarifying that the
provision of self - help legal publications, interactive software, intelligent Web advisors, and other emerging software - powered tools are not the «
unauthorized practice of law.»
Both solutions will occur because the power
of the news media and
of the internet, interacting, will quickly make widely known these types
of information, the cumulative effect
of which will force governments and the courts to act: (1) the situations
of the thousands
of people whose lives have been ruined because they could not obtain the help
of a lawyer; (2) the statistics as to the increasing percentages
of litigants who are unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers
of people being denied Legal Aid and court - appointed lawyers; (5) the many years that
law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the
unauthorized practice of law» because they tried to help others desperately in need
of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among
law firms that could cause them to lower their fees; (8) that
law societies are too comfortably protected by their monopoly over the
provision of legal services, which is why they might block the expansion
of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members
of the public access the
law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule
of law, the Canadian Charter
of Rights and Freedoms, and the whole
of Canada's constitution be able to operate effectively and command sufficient respect, the majority
of the population must be able to obtain a lawyer at reasonable cost.