Does a real estate corporation engage in the unauthorized practice of law by giving its customers legal advice through a publication it distributes?

Plain-English summary

A bar member forwarded to the Board a publication periodically issued by a real estate corporation and distributed to its customers. The publication carried news items about deals and also purported to give legal advice on topics such as how property can be vacated for non-payment of rent, how to vacate property where rent is paid, and the notice a tenant should give. The bar member asked whether the procedure was proper.

The Board referred to its earlier opinions on the subject, including Opinion No. 1 and Opinion No. 11. Quoting Opinion No. 11's definition, it reiterated that the practice of law within Sections 46 and 48 of the State Bar Act is any service involving legal knowledge, whether of representation, counsel, or advocacy, in or out of court, rendered in respect of a person's rights, duties, obligations, liabilities, or business relations. It noted that under Section 2326 of the 1921 statutes the word "person" in Section 48 includes corporations. The Board concluded that the lay agency, through the publication, was engaged in the practice of law because it sought to render its customers a service involving legal knowledge about their rights, in violation of Section 48 of the State Bar Act.

Currency note

This opinion was issued in 1932, decades before Oklahoma replaced its original Rules of Professional Conduct (patterned on the ABA Canons of Professional Ethics) with the Oklahoma Rules of Professional Conduct (adopted 1988) and the later Ethics 2000 revisions. The State Bar Act sections it applied have since been superseded by the modern statutory and rule framework governing unauthorized practice. Subsequent rule amendments and later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a company give legal advice to its customers through a newsletter or publication?

A: The opinion concluded that a lay corporation giving customers legal advice about their rights through a publication is rendering a service involving legal knowledge and is engaged in the unauthorized practice of law under Section 48 of the State Bar Act.

Q: Does it matter that the publisher is a corporation rather than a person?

A: No. The opinion noted that under the 1921 statutes the word "person" in Section 48 includes corporations, so a corporation falls within the unauthorized-practice prohibition.

Background and rules framework

The opinion applied Sections 46 and 48 of the Oklahoma State Bar Act, relied on the definition of the practice of law set out in Opinion No. 11, and noted that Section 2326 of C.O.S. 1921 (21 Okl. St. Ann. § 105) defined "person" to include corporations. The conclusion that giving the public individualized legal advice can be the unauthorized practice of law corresponds in current practice to unauthorized-practice doctrine, though the opinion predates the Model Rules.

Citations and references

Statutes:

• Oklahoma State Bar Act § 48 (unlawful practice a misdemeanor)
• Section 2326, Compiled Oklahoma Statutes 1921; 21 Okl. St. Ann. § 105 ("person" includes corporations)

Other opinions cited:

• Oklahoma Advisory Opinion No. 1 (lay agency furnishing legal services)
• Oklahoma Advisory Opinion No. 11 (definition of the practice of law)
• Oklahoma Advisory Opinion No. 20

See also

• Okla. Bar Ethics Op. 1: Corporate Practice of Law
• Okla. Bar Ethics Op. 11: Defining Practice of Law
• Okla. Bar Ethics Op. 12: Legal Advice on the Radio

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-19/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Adopted February 26, 1932

A member of the State Bar has forwarded to the Board of Governors a copy of a publication, evidently periodically published by a real estate corporation doing business in this state, and disseminated to its customers. The copy at hand contains news items about various deals made. Among other things, it purports to give legal advice about "How can property be vacated for non-payment of rent," "How to vacate property where rent is paid," and "A tenant should give proper notice."

The forwarder of the copy of the publication inquires as to the propriety of the procedure.

Opinions upon the general subject have been rendered by the Board of Governors in Opinion No. 1, (April 1931 issue. Oklahoma State Bar Journal, page 6), in Opinion No. 11 (December 1931 issue, page 8), and in Opinion No. 20, rendered at the regular February monthly meeting, which appeared in the March issue of the State Bar Journal.

In Opinion No. 11, after referring to Sections 46 and 48 of the State Bar Act, it was said:

"the 'practice of law' within the meaning of such sections, is any service involving legal knowledge whether of representation, counsel or advocacy, in or out of court, rendered in respect of the rights, duties, obligations, liabilities or business relations of the one requesting, or to whom the service is rendered.

"The above definition of the term 'practice of law' is substantially that adopted by the American Bar Association. We consider it to be correct."

In connection with the word "person" as used in Section 48, it is to be observed that Section 2326, C.O.S.1921, 21 Okl. St. Ann. § 105, provides that the word "person" includes incorporations as well as natural persons.

In the opinion of the Board the lay agency in question by the publication referred to is engaged in the practice of law in that it seeks to render service to its customers and others involving legal knowledge in respect to their rights, duties, obligations, liabilities or business in violation of Section 48 of the State Bar Act.