Chapter
578
2006 -- S 2853
Enacted 07/14/06
A N A
C T
RELATING TO CRIMINAL
OFFENSES -- LAW PRACTICE
Introduced By: Senators
Connors, Pichardo, and DaPonte
Date Introduced: February
16, 2006
It is enacted
by the General Assembly as follows:
SECTION
1. Sections 11-27-3, 11-27-6, 11-27-8 and 11-27-10 of the General Laws in
Chapter
11-27 entitled "Law Practice" are hereby amended to read as follows:
11-27-3.
Receipt of fees as practice of law. -- Any (a) Except as
provided in subsection
(b),
any person, partnership, corporation,
or association that receives any fee or any part of a fee
for the
services performed by an attorney at law shall be deemed to be practicing law
contrary to
the provisions
of this chapter.
(b)
A lawyer or law firm may agree to share a statutory or tribunal-approved fee
award,
or a
settlement in a matter eligible for such an award, with an organization that
referred the matter
to
the lawyer or law firm if: (i) the organization is one that is not for profit;
(ii) the organization is
tax-exempt
under federal law; (iii) the fee award or settlement is made in connection with
a
proceeding
to advance one or more of the purposes by virtue of which the organization is
tax-
exempt;
and (iv) the client consents in a written representation that a division of
fees will be
made.
11-27-6.
Compensation of unqualified persons for legal services prohibited. --
No
person,
who is not a member of the bar under section 11-27-5, shall receive any pay or
compensation,
directly or indirectly, except any forwarding fee of an attorney at law of
another
state,
for any services of any legal nature that are usually done by attorneys at law
pertaining to
any
action or proceeding in any court or before any referee, master, auditor,
commission,
division,
department, board, or other judicial person or body, or for the preparation of
any legal
instrument,
and no court or other judicial person or body shall allow any pay or fee for that
service
to any person not a member of the bar under section 11-27-5, nor shall any
executor,
administrator,
guardian, trustee, fiduciary, or another person employ or pay for the services
any
person
not a member of the bar under section 11-27-5.
This
section shall not be deemed to apply to an organization, or its
representatives,
meeting
the criteria contained in subsection 11-27-3(b).
11-27-8.
Solicitation of business by agents prohibited. -- No person,
partnership,
corporation,
or association shall act in any manner or in any capacity as an agent for an
attorney
at law
in the solicitation or procurement of any law business, and every contract for
professional
services
secured by an attorney at law through the services of an agent shall be void.
This
section shall not be deemed to apply to an organization, or its
representatives,
meeting
the criteria contained in subsection 11-27-3(b).
11-27-10.
Agreement or offer to furnish legal services. -- No person or persons,
except
members
of the bar, either in his, her or their own name or names or under any firm or
trade
name,
shall furnish or agree to furnish legal advice, service or counsel, nor furnish
or agree to
furnish
an attorney at law, nor advertise in any manner that he, she, or they will
furnish or agree
to
furnish legal services or advice or the services of an attorney at law. ,
but nothing This
prohibition
shall not be deemed to apply to an organization, or its representatives,
meeting the
criteria
contained in subsection 11-27-3(b). Nothing
in this section shall be deemed to permit
members
of the bar to advertise contrary to the ethics of their profession.
SECTION
2. This act shall take effect upon passage.
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LC02445
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