Unauthorized practice of law

Disciplinary Commission overreached, justices agree

November 30, 2012
Dave Stafford
An Ohio attorney who argued his disciplinary case in a rare public forum before the Indiana Supreme Court prevailed as justices said the Indiana Disciplinary Commission’s arguments failed.
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Attorney discipline process goes public

November 7, 2012
Dave Stafford
Testimony alleges that Ohio lawyer’s race and past play a role in Indiana’s case against him for unauthorized practice of law.
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Justices adopt repayment plan in UPL case

January 23, 2012
Michael Hoskins
The Indiana Supreme Court has adopted a repayment plan for an Indianapolis company it found engaged in the unauthorized practice of law, ordering officials to reimburse the state bar association and former clients during the next six years.
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Order requires United Financial to pay court costs

January 17, 2012
Michael Hoskins
The Indiana Supreme Court has ordered United Financial Systems Corp. and its officials to pay the court and a special master $16,003 for the costs associated with an Unauthorized Practice of Law action that has been ongoing for more than three years.
 
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Adding UPL to Indiana RICO statute

November 9, 2011
Michael Hoskins
An Indiana Supreme Court case involving an estate planning “trust mill” has led to a policy discussion about whether certain types of unauthorized practice of law should rise above a misdemeanor crime and involve a racketeering component.
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Legislative study committee to discuss UPL

October 10, 2011
Jennifer Nelson
The Indiana Probate Code Study Commission, which meets for the first time this year on Wednesday, will focus on three items at its meeting, including the unauthorized practice of law.
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UPL victims urged to claim refunds

August 5, 2011
IL Staff
The Office of the Indiana Attorney General is asking the victims of the United Financial Systems unauthorized practice of law case to apply soon if they want to receive restitution.
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'Notario' pleads guilty to tax evasion, illegal law practice

July 28, 2011
Michael Hoskins
A Marion Superior judge has sentenced an Indianapolis woman who offered illegal immigration services without a law license and evaded paying her income taxes through that business.
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Class action alleges UPL

July 20, 2011
Michael Hoskins
The plaintiffs' lawyers will use the United Financial decision from the Indiana Supreme Court to make their argument.
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Hearing set for UPL case

June 8, 2011
Michael Hoskins
The Indiana Supreme Court won’t reconsider its 2010 decision ordering United Financial Systems Corp. to refund money for estate planning services it sold, constituting an unauthorized practice of law.
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Company hit with class action suits

April 13, 2011
Michael Hoskins
Two class action lawsuits have been filed against an Indianapolis firm that had offered estate planning services to people. Now, the Indiana Supreme Court is considering what happens next against the company it found a year ago had engaged in the unauthorized practice of law.
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Notario publico issues surface again

March 30, 2011
Michael Hoskins
Years ago, the Indiana Supreme Court made it clear what non-lawyers could and could not do related to immigration services. Crossing the line might be considered the unauthorized practice of law. Now, two people in Indiana are facing the consequences of doing exactly that.
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AG files criminal UPL, tax evasion charges against ‘notario publico’

March 25, 2011
Michael Hoskins
Adding to what it has already done in targeting two “notario publicos” for illegally offering immigration services, the Indiana Attorney General’s Office has now filed a criminal Unauthorized Practice of Law charge and several tax evasion counts against one of those non-lawyers who was operating in Indianapolis.
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Law firm files class-action lawsuit for estate planning UPL

January 25, 2011
Michael Hoskins
A Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys estimate could be $10 million to $20 million in damages.
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Justices order refunds in estate planning UPL case

December 22, 2010
Michael Hoskins
The Indiana Supreme Court is shaking its proverbial finger at a company it found had engaged in the unauthorized practice of law, making it clear that the court’s orders must be followed or non-compliant litigants will be sanctioned.
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SCOTUS won't take Indiana UPL case

October 13, 2010
Michael Hoskins
The Supreme Court of the United States won’t reconsider a significant unauthorized practice of law case ruled on by the Indiana Supreme Court earlier this year.
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Justices rule on trust mill UPL case

April 14, 2010
Michael Hoskins
The Indiana State Bar Association has won an unauthorized practice of law action against an estate planning services company, but wasn't able to completely sway the state's highest court that all "costs and expenses" should be completely granted for the prosecution of the case.
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Court issues UPL ruling about 'general counsel'

March 31, 2010
Scott Olson
A top executive of Celadon Group Inc. can no longer represent himself as the Indianapolis-based trucking company's attorney because of a glaring omission - he is not licensed to practice law in Indiana.
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Agencies examine UPL

March 17, 2010
Michael Hoskins
Long before he became Greenwood's police chief, attorney Joe Pitcher recalls sitting as a special judge in town court and facing an Unauthorized Practice of Law case that may be one of few like it in Indiana.
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Report issued in UPL claim on trust mill case

July 15, 2009
Michael Hoskins
The Indiana Supreme Court has never determined whether the money spent during the prosecution of an Unauthorized Practice of Law claim fits into the "costs and expenses incurred by such a hearing" category, which means that a losing party pays under Administrative Disciplinary Rule 24.
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Justices consider 'costs' in UPL action

January 1, 2009
Michael Hoskins
The Indiana State Bar Association wants the state's highest court to define the term "costs and expenses" as it's never done before, and in doing so order a company being prosecuted for the Unauthorized Practice of Law to have to pay those fees and disgorge any profits it shouldn't have made in the first place.Hearing arguments today in State of Indiana, Ex. Rel. Indiana State Bar Association v. United Financial Systems Corp., No. 84S00-0810-MS-551, justices considered an issue of first...
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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