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Looking for a couple of other opinions/anecdotes

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badapple40

Senior Member
Has anyone used prepaid legal services? If so, any good stories/bad stories? www.prepaidlegal.com

In the interest of full disclosure, I sit on the board governing the unauthorized practice of law in Ohio, and, without revealing any more, there is some thought that their service may be illegal, constitute the unauthorized practice of law and sharing of legal fees with a non-lawyer, and am trying to get a bit of background information before I launch the opening shot across their bows.
 


You Are Guilty

Senior Member
badapple40 said:
Has anyone used prepaid legal services? If so, any good stories/bad stories? www.prepaidlegal.com

In the interest of full disclosure, I sit on the board governing the unauthorized practice of law in Ohio, and, without revealing any more, there is some thought that their service may be illegal, constitute the unauthorized practice of law and sharing of legal fees with a non-lawyer, and am trying to get a bit of background information before I launch the opening shot across their bows.
I fail to see how that's unauthorized practice of law if all they do is refers claims to a law firm. What part of their actions do you have an issue with? (Of course, if you have a statute that would cover such referrals, then knock yourself out.)

Compare this to a "We The People" type place, then you'll see "unauthorized practice"!
 

badapple40

Senior Member
You Are Guilty said:
I fail to see how that's unauthorized practice of law if all they do is refers claims to a law firm. What part of their actions do you have an issue with? (Of course, if you have a statute that would cover such referrals, then knock yourself out.)

Compare this to a "We The People" type place, then you'll see "unauthorized practice"!
We are already before the Ohio Supreme Court against "We the People." The issues are in the Ohio disciplinary rules, namely DR 3-101 (prohibiting fee sharing with a non-lawyer) and DR 3-102 (allowing a referral service only if it meets certain requirements). The entire premium paid to these people is to pay for legal services. Therefore, we view the fact that the company makes a profit from such premiums as being an improper fee sharing agreement. Furthermore, they operate a referral service for profit, in contravention of DR 3-102.

I am referring, of course, to Ohio disciplinary rules.

They also provide contracts and the like online, which we view as unauthorized practice.

But, I'm looking for a second opinion on these folks ;)
 

stephenk

Senior Member
"They also provide contracts and the like online, which we view as unauthorized practice."

Don't stationary stores also sell contracts, real estate forms, powers of attorney, etc.? Is that also an unauthorized practice of law?
 

You Are Guilty

Senior Member
stephenk said:
"They also provide contracts and the like online, which we view as unauthorized practice."

Don't stationary stores also sell contracts, real estate forms, powers of attorney, etc.? Is that also an unauthorized practice of law?
Very true. The selling of blank contracts and other forms has passed muster here (NY). The issue is when the clerks start helping you fill them in :)

As far as the fee sharing issue goes, I can think of at least one contractual "workaround" already. I'd say it will depend entirely on what relationship is created between the referal place and the firms working with them.

Incidentally, why would a "non-attorney" firm like this prepaid plan place be subject to the DR?
 

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