Unauthorized Practice of Law - my apology to SusanM22

Recently a member, SusanM22, brought up the concern of many on this site participating in the unauthorized practice of law (UPL). Other States may refer to it as the unlicensed practice of law, the Navy simply used the term "sea-lawyer".

I have to admit, that I thought this was a ridicules concern because, to me, it just didn't pass the common sense test. Additionally, often individual posters would clarify that they are not attorneys and one of the topics pinned to the top of the board titled "how we give advice" plainly says we are not attorneys and do not offer legal advice. Susan would often skirt around providing the basis for her statements and opinions stating that because she is licensed as a CAM in FL she has to be careful of even giving the perception of participating in the unauthorized practice of law.

Well some recent research on this issue on my part has provided some interesting knowledge. First, it appears that every State has their own definition. The basics tend to be the same, but there are some nuances to each definition. In my opinion, FL has some real interesting nuances. I now understand why Susan is so worried about the unlicensed practice of law.

Per an advisory opinion by the FL bar, it appears that simply determining what date the notice of a meeting should go out is considered a practice of law. As such, CAMs are forbidden from providing that information. Yes, I still think it doesn't pass the common sense test. However, this appears to be the laws of FL and as such Susan must comply with them.

Honestly Susan, based on that paper, I'm surprised you are even willing to share what you do share. I know that I would be hesitant in doing so if I were in your profession licensed in FL.

Now that I understand the issue better, I publicly apologize for making such an issue out of it on this site. I do think it's best if the basis can be provided but I now understand that if you cite a statute and give an opinion on it that in FL you can face disciplinary actions on your License or worse.

My actions were done out of ignorance of the rules and Statutes you must comply with. That's not an excuse, just a fact that shows I should do some more research prior to posting a reply to something that seems strange to me.

Tim

Tim

Tim,

As you stated, each state has its own definitions. A Bar opinion has no weight whatsoever in my state. Until a court issues a written opinion or incorporates the opinion into the rules of the court, the bar opinion is just hot air. In fact, the opinion you cited states on page one: "This proposed advisory opinion is only an interpretation of the law and does not constitute final court action." I would wait for that "final court action" before relying on this self-serving nonsense.

I believe many Property Managers, Community Association Managers, etc. are prone to "play lawyer" in an association. Especially true in associations when BOD Members are not that experienced or knowledgeable and they turn/defer to the PM/CAM for the answers. Many BOD's anguish over the difference between may and must.

Were I a PM/CAM, many of you on here would be my worst nightmare as many of you (myself included) know enough to be dangerous and/or PIA.....LOL

Now add the over regulation of FL and CA and we have a double, wakeup in a cold sweat nightmare for PM's/CAM's.

FL is a classic case. They over regulated so much they then decided that "trying" to interpret and/or do ones job to understand and deal with what we have done was "Practicing Law", thus illegal if not a lawyer. As in we are going to doubly fu@& you up.

One of the standards used in my state is to determine the intent of the party. A person who fills out legal paperwork as a part of his normal job is not practicing law; a person who charges to fill out similar papers may be practicing law if that is all he is doing.

Also, in my state when the Bar thinks someone is engaged in the unauthorized practice of law, they first investigate and then ask the person to knock it off if they find merit to the complaint. If the person persists, the Bar may then take the person to the Superior Court and obtain an injunction. This step means that a neutral party evaluates the complaint. If the person loses, he has the option of further appeals.

I do not know what the procedure would be in Florida. If I were a Texan I would be dancing on air after reading that Florida Bar opinion and I would be singing, "We ain't the dumbest folks in America no more."