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Articles Posted in Unauthorized Practice of Law

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Nebraska Upholds Dismissal of Medical Malpractice Complaint And Holds that Pro Se Complaint Was A Nullity

This case, while not discussing legal malpractice, is worth considering. The plaintiff, an administrator of an estate, filed a pro se wrongful death lawsuit against medical providers. It was undisputed that the pro se complaint was filed within the applicable statute of limitations period. After the statute of limitations ran,…

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ARDC brings an Unauthorized Practice Case against lawyer who failed to register since 1995!

The ARDC brought an unauthorized practice of law complaint against an attorney who allegedly failed to register to practice law. That, by itself, would not be interesting. The fact that the lawyer failed to register at any time after 1995 and handled numerous matters for clients during the next ten…

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Minnesota Supreme Court Holds That A Complaint Signed By A Lawyer From Another State Is Not Void

The Minnesota Supreme Court has weighed in on the issue of the unauthorized practice of law. The question it considered is whether a complaint signed by a lawyer who was unlicensed is a nullity or whether the defect can be cured. This is an important question and it has been…

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Colorado Supreme Court Holds That A Trustee Cannot Proceed Pro Se On Behalf of A Trust

This case is captioned 2015 CO 61, Concerning the Application for Water Rights of the Town of Minturn: J. Tucker, Trustee v. Town of Minturn. The Colorado Supreme Court held that a non-attorney trustee of a trust may not proceed pro se before the water court. The court reasoned that…

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Court allows a lawyer who was not licensed to sue for legal fees

Beery v. Chandler, Dist. Court, ED Missouri 2015 – Google Scholar. Plaintiff sued his former personal injury lawyer for legal malpractice, alleging that the lawyer negligently advised him to reject a settlement offer. The lawyer sued for legal fees under breach of contract, quantum meruit and unjust enrichment theories. Plaintiff…

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