605-14 Unauthorized practice of law prohibited. It shall be unlawful for any person, firm, association, or corporation to engage in or attempt to engage in or to offer to engage in the practice of law, or to do or attempt to do or offer to do any act constituting the practice of law, except and to the extent that the person, firm, or association is licensed or authorized so to do by an appropriate court, agency, or office or by a statute of the State or of the United States. Nothing in sections 605-14 to 605-17 contained shall be construed to prohibit the preparation or use by any party to a transaction of any legal or business form or document used in the transaction. [L 1955, c 150, 1; RL 1955, 217-14; HRS 605-14; am L 1969, c 226, 3; am L 1983, c 167, 18; am L 1985, c 270, 4; am L 2001, c 47, 1]

 

Cross References

 

Unauthorized practice of law as criminal contempt of court, see 710-1077.

 

Rules of Court

 

See HRPC rule 5.5.

 

Case Notes

 

Only bar association or attorney general has standing to bring action for violation of this section. 501 F. Supp. 830 (1980).

Assuming plaintiff collection agency to be engaged in unauthorized practice of law, such conduct does not entitle the debtor defendant any relief. 59 H. 503, 584 P.2d 107 (1978).

Nonattorney agents are not allowed to represent corporations in litigation. 60 H. 372, 590 P.2d 570 (1979).

First offender chargeable only with violation; circuit court had exclusive jurisdiction. 68 H. 226, 708 P.2d 138 (1985).

Where Oregon law firm did not "practice law within the jurisdiction" of Hawaii, it did not violate this section nor 605-17; thus, plaintiff could recover fees under 607-14 for services rendered by firm. 87 H. 37, 951 P.2d 487 (1998).

 

 

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