Helping Nephew Unauthorized Practice?

A recent case involving disciplinary charges against a North Carolina attorney raises an interesting issue regarding alleged unauthorized practice of law.

The State Bar’s complaint states that the attorney was suspended from practice in North Carolina as a result of an earlier bar disciplinary complaint. It alleges that, while suspended, she represented a client in connection with the settlement of an insurance claim in Alabama.

The State Bar alleges that this constituted unauthorized practice.

The attorney’s answer to the allegations denies any misconduct. Rather, the answer contends that the attorney assisted her nephew in an attempt to resolve an insurance claim without any expectation of compensation.

The answer contends that such assistance does not violate Alabama rules that govern the unauthorized practice of law. (Mike Frisch)