I enclose an essay I wrote four years ago, The Unlicensed Practice of Law and How to Avoid It . This is a follow-up to this morning's postal warning that public adjusters should not fill in a civil law notice of insurer crime for a policyholder as it would be practicing law. Now call a number of people with questions, which this document should explain more, if you care to investigate this topic in more detail.
I fully appreciate that when you tell someone they can do nothing, many of us will try to prove you wrong. That's the American way and how much success has been achieved – many of us love challenges.
Still, it is still very good for lawyers to remind others that we must all follow the law or be ready. to pay the consequences of not doing so. What exactly constitutes the practice of the law is not so easy to determine and that is why my paper begins with the following:
It may be a situation that you have encountered a hundred times before or a circumstance for which the resolution is obvious, but insurance claims organizers should always make sure that their actions or advice do not constitute unlawful exercise of the law, the consequence of which can be fines, injunctions and even imprisonment.1And this is not always an easy task. Many factors determine whether a measure crosses the line between tort and unauthorized legislation, including state statutes and regulations that define or regulate the adjustment of insurance claims, state law that defines and regulates unauthorized law enforcement, whether an adjuster works for an insurer or represents an insured, and whether a dispute has arisen.
What may constitute an unlicensed law is an abstract investigation without reference to a specific actual scenario. In fact, courts have recognized that "the line between play and judicial judgments can be good", and that "[e] in a given case must enable a careful analysis of the specific judgment involved and the expertise that must be applied to its practice.  If this nerdy topic is of interest, read the magazine.
If you like this topic, you will love to set the clock at 2 this afternoon when I discuss some other areas that are developing in real estate insurance law. Here is the link .