Q: I helped a friend with his auto accident claim.
I am a retired claims adjuster. My friend lost his wife in an auto accident. I went with him to an attorney and while the attorney was deciding whether to take the case my friend asked me to help and write a settlement demand, which I did and he signed, which was accepted. The claim settled over a year ago. He received the money and I did not ask for or receive any compensation. I think it was just help, but could it be construed as the unauthorized practice of law?
A: it very well could be but the facts will determine. this time hire an attorney to discuss this with you.
William John Light agrees with this answer
A:
Writing a letter is I potentially the practice of law, but I suppose it depends on what the letter said and what your role in it was.
The unlicensed practice of law in California is a misdemeanor. Cal. Bus. Prof. Code § 6125. Practicing law is not defined by statute. Among other things, non lawyers cannot appear in court, or before administrative agencies. Drake v. Superior Court (1994) 21 Cal.App.4th 1826, 1830-31; Benninghoff v. Superior Court (2006) 136 Cal.App.4th 61. Non-lawyers cannot negotiate with opposing counsel. Morgan v. State Bar (1990) 51 Cal.3d 598. Non-lawyers cannot write a cease and desist letter on a client’s behalf. Hitchcock v. State Bar (1989) 48 Cal.3d 690, 701, 257 Cal.Rptr. 696, 771 P.2d 394.
I imagine that the demand letter went to a claims adjuster rather than an attorney. If it is acceptable for a non-lawyer claims adjuster to read, review and respond to a letter, then it must be acceptable for a non-lawyer to assist in preparing it. If the letter went to an attorney, and or there was negotiation with an attorney, you may have crossed the line.
A:
more info needed.
it could be argued you were practicing law without a license but I don't think that will happen and if it does that there will be any repercussions to you.
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