Kansas Statutes 50-6,142. Unauthorized practice of law; penalties
Terms Used In Kansas Statutes 50-6,142
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Consumer: means an individual, husband and wife, sole proprietor, or family partnership who seeks or acquires property or services for personal, family, household, business or agricultural purposes. See Kansas Statutes 50-624
- Consumer transaction: means a sale, lease, assignment or other disposition for value of property or services within this state, except insurance contracts regulated under state law, to a consumer; or a solicitation by a supplier with respect to any of these dispositions. See Kansas Statutes 50-624
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, cooperative or other legal entity. See Kansas Statutes 50-624
- Services: includes :
(1) Work, labor and other personal services;
(2) privileges with respect to transportation, hotel and restaurant accommodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals and cemetery accommodations; and
(3) any other act performed for a consumer by a supplier. See Kansas Statutes 50-624
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Supplier: means a manufacturer, distributor, dealer, seller, lessor, assignor, or other person who, in the ordinary course of business, solicits, engages in or enforces consumer transactions, whether or not dealing directly with the consumer. See Kansas Statutes 50-624
(a) A person who is not licensed or otherwise authorized by the Kansas supreme court to practice law in this state shall not do any of the following:
(1) Commit any act or omission that is prohibited by the Kansas supreme court, either by court rule or by common law, as being the unauthorized practice of law;
(2) hold out to the public or otherwise represent, expressly or by implication, that such person is admitted to practice law in this state;
(3) solicit payment or other consideration, whether in cash or in-kind, for services that would constitute the unauthorized practice of law in this state if performed at or about the time of such solicitation; or
(4) offer or attempt to do any act prohibited by this subsection.
(b) A violation of subsection (a) constitutes an unconscionable act or practice in violation of Kan. Stat. Ann. § 50-627, and amendments thereto, whether or not it involves a consumer, a consumer transaction or a supplier, as defined in Kan. Stat. Ann. § 50-624, and amendments thereto.
(c) For the purposes of this section:
(1) “Person” means an individual who, or any corporation, agency, partnership, association or other legal entity that, knowingly commits acts or omissions that violate this section or aids or abets a person to commit acts or omissions that violate this section;
(2) a person described in subsection (a) shall be deemed a supplier within the meaning of Kan. Stat. Ann. § 50-624, and amendments thereto; and
(3) an individual, sole proprietor, partnership, corporation, limited liability company, the state or a subdivision or agency of the state aggrieved by a violation of subsection (a) shall be deemed a consumer within the meaning of Kan. Stat. Ann. § 50-624, and amendments thereto.
(d) Any remedies or penalties imposed pursuant to this section shall be in addition to, and not instead of, any remedies or penalties available under the contempt power of any court.
(e) The provisions of this section shall not apply to statewide, judicial district or municipal court-supervised public assistance offices and programs, victims assistance programs operated by a county or district attorney, court clerk, county law library, legal aid services providers, legal outreach programs operated by a state or local bar association or an employee of any such entity acting within the scope of employment.
(f) This section shall be part of and supplemental to the Kansas consumer protection act.