What counts as the practice of law under the State Bar Act's prohibition on unauthorized practice?
Oklahoma Bar Ethics Opinion 11: What Constitutes the Practice of Law
Short answer: The Board of Governors defined the practice of law, within the State Bar Act, as any service involving legal knowledge, whether representation, counsel, or advocacy, in or out of court, rendered in respect of the rights, duties, obligations, liabilities, or business relations of the person to whom the service is rendered.
Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the Oklahoma Bar Association's rules of professional conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.
About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. The opinion text is reproduced at the bottom; the official source (linked) controls.
Plain-English summary
A county attorney asked the Board of Governors what constitutes the practice of law within the meaning of Sections 46 and 48 of the State Bar Act, which limited the practice of law to active bar members and made unauthorized practice a misdemeanor.
The Board defined the practice of law as any service involving legal knowledge, whether of representation, counsel, or advocacy, in or out of court, rendered in respect of the rights, duties, obligations, liabilities, or business relations of the one requesting or receiving the service. It noted that this definition was substantially that adopted by the American Bar Association and that it considered the definition correct. The Board reinforced the point by quoting In re Duncan, which stated that the practice of law is not limited to the conduct of cases in court but embraces the preparation of pleadings and papers, the management of actions and proceedings, conveyancing, the preparation of legal instruments, and, in general, all advice to clients and all action taken for them in matters connected with the law.
Currency note
This opinion was issued in 1931, decades before Oklahoma replaced its original Rules of Professional Conduct (patterned on the ABA Canons of Professional Ethics) with the Oklahoma Rules of Professional Conduct (adopted 1988) and the later Ethics 2000 revisions. The State Bar Act sections it construed have since been superseded by the modern statutory and rule framework governing admission and unauthorized practice. Subsequent rule amendments and later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: How did the Board define the practice of law?
A: The opinion defined it as any service involving legal knowledge, whether representation, counsel, or advocacy, in or out of court, rendered in respect of a person's rights, duties, obligations, liabilities, or business relations.
Q: Is the practice of law limited to courtroom work?
A: No. The opinion, quoting In re Duncan, concluded that the practice of law also embraces preparing pleadings and legal instruments, managing actions and proceedings, conveyancing, and giving advice to clients on matters connected with the law.
Background and rules framework
The opinion construed Sections 46 and 48 of the Oklahoma State Bar Act, which restricted the practice of law to active bar members and made unauthorized practice a misdemeanor, and adopted a definition substantially the same as the American Bar Association's, supported by In re Duncan. This definitional approach corresponds in current practice to the standards governing the unauthorized practice of law, though the opinion predates the Model Rules.
Citations and references
Statutes:
- Oklahoma State Bar Act § 46 (only active members may practice law)
- Oklahoma State Bar Act § 48 (unlawful practice a misdemeanor)
Cases:
- In re Duncan, 83 S.C. 186, 65 S.E. 210, 24 L.R.A.,N.S., 750 (1909), the practice of law is not limited to the conduct of cases in court
See also
- Okla. Bar Ethics Op. 1: Corporate Practice of Law
- Okla. Bar Ethics Op. 2: Layman Signing Pleadings
- ABA Formal Op. 506: Nonlawyer Assistants & Intake
Source
- Landing page: https://www.okbar.org/ethics/ethics-opinion-no-11/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Adopted November 20, 1931
A County Attorney of this state has requested an opinion from the Board of Governors as to what constitutes the "practice of law" within the meaning of Sections 46 and 48 of The State Bar Act.
These Sections will be remembered to be:
Section 46. Only Active Members May Practice Law. No person shall practice law in the State subsequent to the first meeting of The State Bar unless he shall be an active member thereof as hereinbefore defined.
Section 48. Unlawful Practice a Misdemeanor. Any person other than a non-resident attorney, who, not being an active member of The State Bar or who after he has been disbarred or while suspended from membership in The State Bar, as by this Act provided, shall practice law, shall be guilty of a misdemeanor.
It is the opinion of the Board of Governors that the "practice of law" within the meaning of such sections, is any service involving legal knowledge whether of representation, counsel or advocacy, in or out of court, rendered in respect of the rights, duties, obligations, liabilities or business relations of the one requesting, or to whom the service is rendered.
The above definition of the term "practice of law" is substantially that adopted by the American Bar Association. We consider it to be correct.
In addition to the foregoing, we call attention to one of the leading cases on the subject, to-wit, In re Duncan, 83 S.C. 186, 65 S.E. 210, 24 L.R.A.,N.S., 750, wherein it is said:
"It is too obvious for discussion that the practice of law is not limited to the conduct of cases in courts. According to the generally understood definition of the practice of law in this country, it embraces the preparation of pleadings and other papers incident to actions and special proceedings, and the management of such actions and proceedings on behalf of clients before judges and courts, and, in addition, conveyancing, the preparation of legal instruments of all kinds, and, in general, all advice to clients, and all action taken for them in matters connected with the law."
We approve the definition as given in the above case being included in the definition hereinbefore set forth.