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Home > Actions on Rule Changes and Legal Ethics Opinions > UPL Opinion 219: Non-Lawyer Entity Representation in Practice Before State Agency.

Proposed | UPL Opinion 219: Non-Lawyer Entity Representation in Practice Before State Agency. Comments Due March 1, 2023

November 28, 2022

The Virginia State Bar Seeks Public Comment on Unauthorized Practice of Law Opinion 219

Pursuant to Part 6, § IV, ¶ 10-2(C) of the Rules of the Supreme Court of Virginia, the Virginia State Bar is seeking public comment on proposed advisory Unauthorized Practice of Law Opinion 219 – Nonlawyer representation in ABC Board proceedings.

This proposed opinion generally addresses whether it is the unauthorized practice of law for a non-lawyer consulting business to advise consumers/clients regarding interpretation and application of ABC laws and regulations, assist consumers/clients with preparation of license applications, represent clients/parties before the ABC Board, and employ a lawyer to advise clients of the consulting business regarding their legal questions relating to ABC procedure.

In this proposed opinion, the committee concludes that all three of the actions described are the unauthorized practice of law and cannot be done by a lay consulting business or any other non-lawyer.

Inspection and Comment

The proposed opinion may be inspected below.

Any individual, business, or other entity may submit written comments in support of or in opposition to the proposed opinion with Cameron M. Rountree, executive director of the Virginia State Bar, not later than March 1, 2023. Comments may be submitted via email to publiccomment@vsb.org.

View proposed UPL 219 (PDF)

Updated: November 28, 2022