what if a law firm aids defendent to continue their illega acts

Full general Assembly

File No. 185

January Session, 2013

Substitute Senate Nib No. 829

Senate, March 27, 2013

The Committee on Judiciary reported through SEN. COLEMAN of the 2d Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to laissez passer.

AN ACT Apropos THE UNAUTHORIZED Exercise OF Law.

Be it enacted by the Senate and Firm of Representatives in General Assembly convened:

Section ane. Department 51-88 of the general statutes is repealed and the post-obit is substituted in lieu thereof (Effective Oct 1, 2013):

(a) [ A ] Unless a person is providing legal services pursuant to statute or dominion of the superior court, a person who has not been admitted every bit an attorney nether the provisions of section 51-80 or, having been admitted under section 51-80, has been disqualified from the practice of law due to resignation, disbarment, being placed on inactive status or suspension, shall not: (1) Exercise constabulary or appear as an attorney-at-law for some other [ , ] in any court of record in this land, (2) make information technology a business organization to practice law [ , ] or appear as an attorney-at-law for another in any such court, (3) brand it a business to solicit employment for an attorney-at-constabulary, (4) hold himself or herself out to the public every bit being entitled to practice police, (five) assume to be an attorney-at-police force, (6) presume, employ or advertise the title of lawyer, chaser and counselor-at-law, attorney-at-constabulary, advisor-at-constabulary, attorney, counselor, attorney and counselor, or an equivalent term, in such manner as to convey the impression that he or she is a legal practitioner of police, [ or ] (7) advertise that he or she , either alone or with others, owns, conducts or maintains a law role, or part or identify of concern of any kind for the exercise of police force , or (eight) otherwise engage in the practice of law as defined by statute or rule of the superior courtroom .

(b) (1) Any person who violates any provision of this section shall be guilty of a class D felony, except that in any prosecution under this section, if the defendant proves by a preponderance of the bear witness that the defendant committed the proscribed act or acts while admitted to practice law before the highest courtroom of original jurisdiction in any state, the District of Columbia, the Republic of Puerto Rico or a territory of the The states or in a district court of the United States and while a member in proficient continuing of such bar, such defendant shall exist guilty of a class C misdemeanor. No person whose admission to practice law under the provisions of department 51-80, or whose access or permission to exercise police pursuant to any other statute or rule of the superior court has been suspended, solely on the basis of the failure to pay the occupational taxation on attorneys imposed pursuant to section 51-81b or the client security fund fee assessed pursuant to section 51-81d shall exist subject to prosecution under this section for engaging in the do of law during the period of such intermission.

(two) The provisions of subdivision (ane) of this subsection shall not apply to any employee in this state of a stock or nonstock corporation, partnership, limited liability company or other business entity who, within the scope of his or her employment, renders legal advice to his or her employer or its corporate affiliate and who is admitted to practice law before the highest court of original jurisdiction in whatever country, the Commune of Columbia, the Commonwealth of Puerto Rico or a territory of the The states , a foreign jurisdiction equally permitted past dominion of the superior court or in a district court of the U.s. and is a member in good continuing of such bar. For the purposes of this [ subsection ] subdivision , "employee" means whatsoever person engaged in service to an employer in the business of his or her employer, but does not include an independent contractor.

(3) In whatever prosecution under section 53a-8 for soliciting, requesting, commanding, importuning or intentionally aiding in the violation of this section, and in any prosecution under section 53a-48 for conspiracy to violate this section, the state shall have the burden of proving across a reasonable doubt that the defendant had bodily cognition that the person was not admitted to exercise law in any jurisdiction at the time such violation occurred.

(c) Any person who violates any provision of this section shall be deemed in contempt of courtroom, and the Superior Court shall take jurisdiction in disinterestedness upon the petition of any member of the bar of this state in practiced standing or upon its own move to restrain such violation.

(d) The provisions of this section shall not exist construed as prohibiting: (1) A town clerk from preparing or drawing deeds, mortgages, releases, certificates of change of name and merchandise proper name certificates which are to be recorded or filed in the town clerk's office in the boondocks in which the town clerk holds office; (ii) whatever person from practicing police force or pleading at the bar of any court of this state in his or her own cause; (three) any person from acting as an amanuensis or representative for a political party in an international arbitration, as defined in subsection (three) of department 50a-101; or (iv) any chaser admitted to do law in any other country or the District of Columbia from practicing constabulary in relation to an impeachment proceeding pursuant to Article Ninth of the Connecticut Constitution, including an impeachment inquiry or investigation, if the attorney is retained by (A) the General Assembly, the House of Representatives, the Senate, a committee of the House of Representatives or the Senate, or the presiding officeholder at a Senate trial, or (B) an officeholder subject to impeachment pursuant to said Commodity 9th.

This act shall have effect as follows and shall amend the following sections:

Section 1

October 1, 2013

51-88

The following Financial Touch Statement and Neb Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do non represent the intent of the General Assembly or either chamber thereof for any purpose. In full general, financial impacts are based upon a variety of informational sources, including the analyst' south professional noesis. Whenever applicable, agency data is consulted as part of the assay, however final products practice not necessarily reflect an assessment from whatsoever specific department.

OFA Fiscal Notation

Agency Affected

Fund-Effect

FY 14 $

FY 15 $

Judicial Dept.

GF - Potential Acquirement Gain

Minimal

Minimal

Municipal Impact: None

Explanation

The bill makes changes to statute regarding the unauthorized practice of law and results in a potential minimal acquirement proceeds. To the extent that the bill increases the likelihood that offenders would exist prosecuted or receive harsher penalties than under current constabulary, this bill may result in a potential minimal revenue proceeds.

The bill expands the prohibition to include boosted categories and likewise increases the penalty of the unauthorized do of police force. At that place have been 86 violations of this statute in the past x years. Of these, 74 cases were dismissed and 11 resulted in a plea bargain. There have been no convictions of this statute to date.

The Out Years

The annualized ongoing financial affect identified above would go on into the future subject to inflation.

Sources:

Judicial Section Offenses and Acquirement Database

OLR Beak Assay

sSB 829

AN Human activity CONCERNING THE UNAUTHORIZED PRACTICE OF LAW.

SUMMARY:

This bill generally increases the penalty for the unauthorized practise of police force. But the current penalty continues to apply to people admitted as attorneys in other jurisdictions who practice in Connecticut without being authorized to practise then.

The bill expands the list of people covered past the unauthorized practice statute, too every bit those exempt from it. For case, the bill explicitly exempts someone who is not a Connecticut attorney just who is otherwise permitted to practice hither by law or court rules.

The bill adds to the prohibition on unauthorized practice Connecticut attorneys who are and so disqualified from practicing for various reasons. But it exempts from prosecution someone suspended from practice solely for failure to pay the attorney occupational revenue enhancement or customer security fund fee and who practices law during that suspension.

The bill provides that, in addition to the activities prohibited by the electric current unauthorized practice statute (see Background), the prohibition too applies to otherwise engaging in the practice of law as defined by statute or Superior Court rules.

The bill also provides that in any prosecution for soliciting, requesting, commanding, importuning, or intentionally aiding in the unauthorized do of law, or in any prosecution for conspiracy to engage in the unauthorized practice of police, the state must prove, beyond a reasonable doubt, that the defendant knew that the person was non admitted to practise constabulary in whatever jurisdiction when the violation occurred.

EFFECTIVE Engagement: Oct ane, 2013

UNAUTHORIZED Practice OF LAW

Penalties and Exemptions

The bill generally increases the penalty for the unauthorized practice of law from a class C misdemeanor to a form D felony, which is punishable by up to five years in prison, upward to a $5,000 fine, or both. A class C misdemeanor is punishable by upward to three months in prison, up to a $500 fine, or both.

Nether existing law, someone who violates the unauthorized practice statute is also deemed to exist in contempt of courtroom, and the court has equitable jurisdiction to restrain violations (i.due east., order the person to finish the violation). With the possible exception noted below, these provisions proceed to employ under the pecker.

Others Authorized by Statute or Court Dominion. The nib creates an explicit exemption to the ban on unauthorized practice for people authorized to provide legal services under a statute or Superior Court dominion. Such people are exempt from all of the penalties specified in a higher place.

Court rules allow attorneys from other jurisdictions to provide legal services here under certain conditions without admission to the land bar. These include attorneys practicing "pro hac vice" (for this occasion only), authorized house counsel, and foreign legal consultants (Ct. Do Book �� 2-15A et seq.).

Other Attorneys. The neb keeps the current penalties for a defendant who is not authorized to practice here, as specified above, just who proves, past a preponderance of the bear witness, that he or she committed the unlawful acts while an admitted member of adept standing of the bar of (ane) another land, (2) the District of Columbia, (3) Puerto Rico, (4) a U.S. territory, or (5) a U.S. commune court.

Under existing police force, the misdemeanor penalty does not employ to attorneys who (1) are admitted members in good standing of the bar of whatsoever of the above specified jurisdictions and (2) within the scope of their employment, give legal advice to the employer or its corporate chapter. But such people are still deemed in contempt of court and the court can restrain their violation of the statute.

The bill expands this exemption to include someone admitted in good standing to a foreign bar as permitted past Superior Courtroom rules and who meets the other requirements fix along to a higher place. Besides, such people from any of the to a higher place-specified jurisdictions would be exempt from all penalties nether the statute if they were authorized house counsel or otherwise permitted past law or court rules to exercise here.

Connecticut Attorneys Who are Later Disqualified. The nib includes inside the prohibition on unauthorized practice someone who was admitted to the Connecticut bar but is later butterfingers from practicing due to resignation, disbarment, suspension, or being placed on inactive status.

Under the bill, someone suspended solely for failure to pay the chaser occupational tax or client security fund fee required by law, and who practices police force during that break, is exempt from prosecution. It is unclear if the person is also exempt from being held in contempt. Presumably, the court would have jurisdiction to restrain him or her from further violations of the statute.

Groundwork

Unauthorized Practise of Law

Subject to the exceptions noted above, existing law prohibits anyone not admitted to the Connecticut bar from:

1. practicing law or appearing every bit an attorney for anyone else in any court in Connecticut;

ii. making information technology a business to practise law or appear as an attorney for anyone else in whatsoever such court;

3. making it a business organisation to solicit employment as an attorney;

four. holding oneself out to the public as being entitled to practice police;

5. assuming the role of an chaser;

6. assuming, using, or advertising the title of lawyer, attorney and counselor-at-police, attorney-at-law, counselor-at-police, chaser, counselor, attorney and advisor, or an equivalent term, in a manner suggesting that he or she is a legal practitioner of police; and

vii. advertisement that he or she, either lonely or with others, owns, conducts, or maintains a identify of business of whatsoever kind for the practise of constabulary.

Related Bill

HB 5513, reported favorably by the Judiciary Committee, extends the penalties for the unauthorized do of constabulary to notaries public who are not attorneys and who commit certain acts regarding clearing matters or advertising.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

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Source: https://www.cga.ct.gov/2013/fc/2013SB-00829-R000185-FC.htm

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