Legal Question in Business Law in North Carolina

Unauthorized Practice of Law?

I work for automotive dealership and have been asked to draft/ handle a few small claims actions for the company. Since I am not under the direct supervision of an attorney, wouldn't this qualify as the unauthorized practice of law? If I have an attorney we have on retainer reviewed the documents, would it be okay? Since I am an employee of the corporation, is it any different?


Asked on 10/09/07, 9:57 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Unauthorized Practice of Law?

You may be able to draft some legal documents, but you probably cannot represent the dealership in the small claims court. This would constitute the unauthorized practice of law. There are some exceptions, but these do not seem applicable here. For a case addressing this issue, see http://www.aoc.state.nc.us/www/public/coa/opinions/2002/011247-1.htm.

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Answered on 10/09/07, 10:40 pm


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