Since the
retrieval and copying of specific materials does not
require the possession or use of any legal knowledge
or skill, it is the opinion of the Committee that
the activities indicated in scenarios one and two
do not constitute the practice of law.
Similarly , since the non-lawyer researcher
in scenario three is providing assistance to a licensed
attorney who retains an attorney-client relationship
with the ultimate beneficiary of the research materials,
and since it is the licensed attorney who will assess
the legal case and select from among the materials
provided by the non-lawyer researcher, it is the further
opinion of the Committee that the situation in your
third question does not constitute the practice of
law.
However,
since the intent of Section I of Part Six of the Virginia
Rules of Court, relating to Unauthorized Practice
Rules and Considerations, is to protect the public
from individuals untrained in the law and unregulated
by the profession who are providing inappropriate
legal advice, it is the opinion of the Committee that
the facts as you have presented them in the fourth
scenario do constitute the unauthorized practice of
law. The
Committee believes that in order for appropriate legal
research to be done for members of the general public,
it is essential that legal training provide the researcher
with the ability to assess the inquirerís legal training
case and to then determine which cases, statutes or
other legal materials are applicable to the case.
Thus, the Committee opines that provision of
legal research services to the general public by non-lawyer
personnel constitutes the unauthorized practice of
law.
Committee
Opinion
February 2, 1989
