SB3023

Report Title:

Unauthorized Practice of Law; Document Preparation

 

Description:

Allows a person to assist a party to a legal transaction with the preparation of documents subject to certain qualifications and requirements.

THE SENATE	S.B. NO.	3023
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to the UNAUTHORIZED PRACTICE OF LAW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 605-14, Hawaii Revised Statutes, is amended to read as follows:

"§605-14 Unauthorized practice of law prohibited[.]; document preparation assistance permitted. (a) It shall be unlawful for any person, firm, association, or corporation to engage in or attempt to engage in or to offer to engage in the practice of law, or to do or attempt to do or offer to do any act constituting the practice of law, except and to the extent that the person, firm, or association is licensed or authorized so to do by an appropriate court, agency, or office or by a statute of the State or of the United States. Nothing in sections 605-14 to 605-17 contained shall be construed to prohibit the preparation or use by any party to a transaction of any legal or business form or document used in the transaction.

(b) Notwithstanding subsection (a), a person may engage in the business of assisting parties to transactions with the preparation of legal or business forms and documents used in the transactions, subject to the following requirements:

(1) The person shall have had five years of experience in the preparation of the type of documents used in the person's practice. The experience shall have been under the supervision of a licensed attorney, and the supervising attorney shall have attested to the person's experience in a notarized statement;

(2) The person shall not provide legal advice to the party being assisted;

(3) The person shall only prepare documents for use in uncontested actions; and

(4) The party being assisted shall be present during the preparation of the documents."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________