The Unauthorized Practice of Law is an Unlawful Trade Practice

Ask the Attorney General to make such rule.

Petition

Text of Rule to Be Adopted

"A person violates ORS 646.608(1)(u) when the person engages in the unauthorized practice of law in violation of ORS 9.160 by practicing law or representing that the person is qualified to practice law in Oregon without being an active member of the Oregon State Bar."

The Attorney General is expressly authorized by ORS 646.608(4) to declare specific conduct unfair or deceptive under ORS 646.608(1)(u) by rule. The unauthorized practice of law is precisely the type of consumer deception the Legislature intended the Attorney General to address when it created this rulemaking power. By enabling private persons, rather than exclusively the Oregon State Bar to bring actions against the unauthorized practice of law, the Attorney General will advance the goals of the legislature and protect Oregonians from predatory unlicensed practitioners of law.

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