contract-law
Would writing a contract for two people be considered the &quot;practice of law&quot;?
<p>Suppose I draw up an agreement between two persons that makes no reference to statutory law.  I'll give some examples below.  Would that constitute the "practice of law"?</p>

<p>Let's say I write a contract for two people that says </p>

<p>Example 1 "Person A will allow Person B to keep his nuisance tree if Person B allows Person A to walk across Person B's lawn to get to his mail box."</p>

<p>Examples 2 "Person A will allow Person B to use Person A's swimming pool if Person B will allow Person A to blast loud music after 10pm."</p>

<p>Suppose I charged a dollar to write these contracts.  Would that constitute the practice of law?</p>

<p>If not, when does it become the practice of law?  When the money becomes bigger?  When the stipulations state that there are penalties?  What?</p>

<p>It varies by state, for example:</p>

<p>Connecticut<br>
<em>State Bar Association of Connecticut v. Connecticut Bank &amp; Trust Co., 140 A.2d 863, 870 (1958)</em><br>
The practice of law consists in no small part of work performed outside of any court and having no immediate relation to proceedings in court. It embraces the <strong>giving</strong> of legal <strong>advice</strong> on a large variety of subjects and the <strong>preparation</strong> of legal <strong>instruments</strong> covering an extensive field.</p>

<p>See <a href="http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.authcheckdam.pdf" rel="nofollow">http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.authcheckdam.pdf</a></p>

<p>In Utah they wrote it into a Rule:  </p>

<p>Rule 14-802. Authorization to practice law.<br>
...<br>
(b)(1) The “practice of law” is the representation of the interests of another person by informing, counseling, advising, assisting, advocating for or drafting documents for that person through application of the law and associated legal principles to that person’s facts and circumstances.</p>

<p>see <a href="https://www.utcourts.gov/resources/rules/ucja/ch14/08%20Special%20Practice/USB14-802.html" rel="nofollow">https://www.utcourts.gov/resources/rules/ucja/ch14/08%20Special%20Practice/USB14-802.html</a></p>
