| Chapter 127 |
| 2021 -- H 5975 Enacted 07/02/2021 |
| A N A C T |
| RELATING TO CRIMINAL OFFENSES -- LAW PRACTICE |
Introduced By: Representative Jose F. Batista |
| Date Introduced: February 26, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 11-27-19 of the General Laws in Chapter 11-27 entitled "Law |
| Practice" is hereby amended to read as follows: |
| 11-27-19. Unauthorized practice of law committee -- Powers and duties -- Duties of |
| attorney general. |
| (a) There is established an unauthorized practice of law committee to be appointed by the |
| supreme court consisting of any number that shall be determined by the supreme court. |
| (b) It shall be the duty of the attorney general and the unauthorized practice of law |
| committee to enforce the provisions of this chapter and to investigate and prosecute all violations. |
| It shall be the duty of the attorney general to prosecute all criminal violations. The superior court |
| shall have jurisdiction to restrain and enjoin any of the acts prohibited in this chapter upon a |
| complaint brought by the attorney general, by any member of the bar of this state whose authority |
| as a member to practice law is in full force and effect, or by the unauthorized practice of law |
| committee. |
| (c) The unauthorized practice of law committee may sue in its own name for the purpose |
| of civil litigation as provided by this section. |
| (d) The unauthorized practice of law committee shall have the following duties and powers: |
| (1) To adopt, amend, and rescind any rules and regulations that it deems necessary to carry |
| out the provisions of this section, a copy of which rules and regulations shall be filed with the |
| secretary of state and available for public inspection which shall be approved and promulgated by |
| the supreme court.; |
| (2) To investigate all reports of activities which that may constitute unauthorized practice |
| of law and to hold hearings to determine whether the charges are substantiated or unsubstantiated; |
| (3) To appoint legal counsel and any assistants that the committee deems necessary to act |
| for the committee in investigating complaints brought before it; |
| (4) To make contracts and arrangements for the performance of administrative and similar |
| services required or appropriate in the performance of the committee's duties; |
| (5) To issue subpoenas and administer oaths in connection with any investigations, |
| hearings, or other proceedings held under the authority of this chapter; |
| (6) To take or cause depositions to be taken as needed in any investigation, hearing, or |
| proceeding; and |
| (7) To summon and examine witnesses during any investigation, hearing, or proceeding |
| conducted by the committee;. |
| (e) There shall be no liability on the part of, and no cause of action of any nature shall arise |
| against, the unauthorized practice of law committee, its agents, or its employees, or its members or |
| against any organization or its members or other witnesses and parties to the committee's |
| proceedings for any statements made by them in documents, reports, communications, or testimony |
| concerning any investigation of the conduct of any person, firm, corporation, or other entity alleged |
| to be engaged in the unauthorized practice of law. |
| (f) Subpoenas may be issued by the committee on its own motion to compel the production |
| of documents or other written records or the attendance of witnesses at any investigation or hearing. |
| The committee may issue subpoenas at the request and on behalf of the accused. In the event that |
| any person contumaciously refuses to obey a subpoena or answer any proper question put to that |
| person during a hearing or proceeding, the superior court shall have jurisdiction upon application |
| by the committee to issue that person an order requiring the person to appear before the committee, |
| there to produce evidence if so ordered, or there to give testimony concerning the matter under |
| investigation. The committee shall have the power to request the superior court to punish all |
| intentional disregard of the court orders as contempt. |
| (g) Within thirty (30) days, if practical, after holding a hearing, the committee shall make |
| a written report of its findings of fact and its recommendation, and the report shall be immediately |
| transmitted to the chief justice of the supreme court with a transcript of the evidence. A copy of the |
| report shall be furnished to the accused. |
| (h) The administration of the committee shall be funded from annual fees to be determined |
| by the supreme court. These fees shall be charged to and apportioned among the licensed attorneys |
| and counselors of the supreme court of this state, the payment of which shall be a condition to |
| practicing in the state of Rhode Island. Monies shall be received by the supreme court in the same |
| manner as lawyers' registration fees and credited to a fund known as the unauthorized practice of |
| law committee administration fund. All monies in the fund shall be utilized only for the purpose of |
| maintaining, managing, operating, and administering the unauthorized practice of law committee |
| in carrying out its functions. The committee shall make an annual financial report to the supreme |
| court of Rhode Island. |
| SECTION 2. This act shall take effect upon passage. |
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| LC002191 |
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