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Just Court ADR

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Posts Tagged ‘unauthorized practice of law (UPL)’

Massachusetts Supreme Court Rules Mediation Constitutes the Practice of Law in Limited Circumstances

Jennifer Shack, June 21st, 2012

Last week, the Massachusetts Supreme Judicial Court ruled that an attorney who has resigned from the law as a disciplinary sanction, or has been disbarred or suspended, may not be able to mediate because mediation may constitute legal work that would violate the bar’s discipline.

The ruling states that one of the factors to be considered in deciding whether a disciplined attorney is undertaking legal work is “whether the work as performed by the lawyer invokes the lawyer’s professional judgment in applying legal principles to address the individual needs of clients.” (more…)

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