Make your own free website on Tripod.com

 

http://janus.state.me.us/legis/statutes/4/title4sec807.html

 

Maine Law
Maine Legislature

Title 4: JUDICIARY

Chapter 17: ATTORNEYS AT LAW

Subchapter 1: ADMISSION TO PRACTICE

807. Unauthorized practice of law

1. Prohibition. No person may practice law or profess to practice law within the State or before

its courts, or demand or receive any remuneration for those services rendered in this State, unless that

person has been admitted to the bar of this State and has complied with section 806-A, or unless that

person has been admitted to try cases in the courts of this State under section 802. [1989, c.

104, Pt. C, 2 and 10 (rpr); c. 265, 1 (new); c. 755 (rpr).]

2. Violation. Any person who practices law in violation of these requirements is guilty of the

unauthorized practice of law, which is a Class E crime. [1989, c. 265, 1 (new); c. 755

(rpr).]

3. Application. This section shall not be construed to apply to:

A. Practice before any Federal Court by any person admitted to practice therein; [1989, c.

265, 1 (new); c. 755 (rpr).]

B. A person pleading or managing that person's own cause in court; [1989, c. 265, 1

(new); c. 755 (rpr).]

C. An officer or authorized employee of a corporation, partnership, sole proprietorship or

governmental entity, or a member, manager or authorized employee of a limited liability company,

who is not an attorney but is appearing for that organization:

(1) In an action cognizable as a small claim under Title 14, chapter 738; or

(2) For the purposes of entering a plea or answer and paying the fine or penalty for a violation

by that organization of Title 23, chapter 24 or Title 29-A;

[2001, c. 119, 1 (amd).]

D. A person who is not an attorney, but is representing a municipality under:

(1) Title 30-A, section 2671, subsection 3;

(3) Title 30-A, section 4452, subsection 1; or

(4) Title 38, section 441, subsection 2;

[1997, c. 296, 1 (amd).]

E. A person who is not an attorney, but is representing the Department of Environmental

Protection under Title 38, section 342, subsection 7; [1989, c. 265, 1 (new); c. 755

(rpr).]

F. A person who is not an attorney, but is representing the Bureau of Unemployment

Compensation or the Bureau of Revenue Services under section 807-A; [1995, c. 560, Pt.

G, 1 (amd); 1997, c. 526, 14 (amd).]

G. A person who is not an attorney, but is representing a party in any hearing, action or proceeding

before the Workers' Compensation Board as provided in Title 39-A, section 317; [1995, c.

419, 1 (amd).]

H. A person who is not an attorney, but has been designated to represent either the Department of

Human Services, under Title 22, section 3473, subsection 3, or the Department of Behavioral and

Developmental Services, under Title 34-B, section 1204, subsection 7, in Probate Court

proceedings; [1995, c. 560, Pt. K, 82 (amd); 83 (aff); c. 599, 1 (amd);

2001, c. 354, 3 (amd).]

I. A person who is not an attorney, but is representing the Department of Human Services in a

child support enforcement matter as provided by Title 14, section 3128-A, subsection 7 and Title

19-A, section 2361, subsection 10; [1997, c. 669, 1 (amd).]

J. For the purposes of defending a civil action filed against a corporation, an officer of the

corporation if the corporation is organized in this State and has 5 or fewer shareholders; [1997,

c. 683, Pt. E, 2 (amd).]

K. A person who is not an attorney, but who is representing the Department of Human Services in

accordance with Title 19-A, section 1615; Title 19-A, section 2009, subsection 8; Title 19-A,

section 2201, subsection 1-B; and Title 19-A, section 2202, subsection 1-B; [1999, c. 139,

1 (amd).]

L. A person who is not an attorney, but who is representing the Department of Agriculture, Food

and Rural Resources in accordance with Title 7, section 3909, subsection 2; or [1999, c.

139, 2 (amd).]

M. A law enforcement officer, as defined in Title 29-A, section 101, subsection 30, who is not an

attorney but who is representing the State in the prosecution of a traffic infraction, as defined in

Title 29-A, section 101, subsection 85, when representation in that matter has been approved by

the prosecuting attorney. [1999, c. 139, 3 (new).]

[2001, c. 119, 1 (amd); c. 354, 3 (amd).]

4. Evidence. In all proceedings, the fact, as shown by the records of the Board of Overseers of

the Bar, that that person is not recorded as a member of the bar shall be prima facie evidence that that

person is not a member of the bar licensed to practice law in the State. [1989, c. 265, 1

(new); c. 755 (rpr).]

Notwithstanding any of the other provisions of this chapter and under such terms, conditions,

limitations, qualifications and supervision as the Supreme Judicial Court shall by rule require, a senior

law student who is enrolled in a law school which is approved by the American Bar Association, may

appear in the courts of the State on behalf of the State or an agency thereof, or under the supervision

of an organization providing legal services to the indigent approved by the Supreme Judicial Court on

behalf of an individual receiving services through such organization. [1989, c. 755 (rpr).]

 

Section History:

PL 1965,

Ch. 92,

1 (AMD).

PL 1969,

Ch. 396,

(AMD).

PL 1973,

Ch. 625,

13 (AMD).

PL 1975,

Ch. 636,

(AMD).

PL 1977,

Ch. 593,

1 (AMD).

PL 1977,

Ch. 696,

26 (AMD).

PL 1979,

Ch. 700,

2 (AMD).

PL 1983,

Ch. 126,

(AMD).

PL 1983,

Ch. 420,

(AMD).

PL 1983,

Ch. 796,

2 (AMD).

PL 1985,

Ch. 124,

8 (AMD).

PL 1985,

Ch. 598,

1 (AMD).

PL 1985,

Ch. 742,

1 (AMD).

PL 1987,

Ch. 30,

(AMD).

PL 1987,

Ch. 402,

A8 (AMD).

PL 1987,

Ch. 559,

B1 (AMD).

PL 1987,

Ch. 737,

C4,C106 (AMD).

PL 1989,

Ch. 6,

(AMD).

PL 1989,

Ch. 9,

2 (AMD).

PL 1989,

Ch. 104,

C2,C8,C10 (AMD).

PL 1989,

Ch. 265,

1 (AMD).

PL 1989,

Ch. 755,

(RPR).

PL 1989,

Ch. 858,

1 (AMD).

PL 1991,

Ch. 885,

E4 (AMD).

PL 1991,

Ch. 885,

E47 (AFF).

PL 1995,

Ch. 65,

A153,C15 (AFF).

PL 1995,

Ch. 65,

A5 (AMD).

PL 1995,

Ch. 419,

1-3 (AMD).

PL 1995,

Ch. 560,

G1,K82 (AMD).

PL 1995,

Ch. 560,

K83 (AFF).

PL 1995,

Ch. 599,

1-3 (AMD).

PL 1995,

Ch. 694,

D4 (AMD).

PL 1995,

Ch. 694,

E2 (AFF).

PL 1997,

Ch. 238,

1 (AMD).

PL 1997,

Ch. 296,

1 (AMD).

PL 1997,

Ch. 393,

A6 (AMD).

PL 1997,

Ch. 393,

A7 (AFF).

PL 1997,

Ch. 466,

1,2 (AMD).

PL 1997,

Ch. 466,

28 (AFF).

PL 1997,

Ch. 526,

14 (AMD).

PL 1997,

Ch. 669,

1 (AMD).

PL 1997,

Ch. 683,

E2-4 (AMD).

RR 1997,

Ch. 1,

2 (COR).

PL 1999,

Ch. 139,

1-3 (AMD).

PL 2001,

Ch. 119,

1 (AMD).

PL 2001,

Ch. 354,

3 (AMD).

      The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.  If you need legal advice, please consult a qualified attorney.
        Office of the Revisor of Statutes
        7 State House Station
        State House Room 108
        Augusta, Maine 04333-0007
      This page created on: 2002-01-07