Maine Revised Statutes Title 4 Sec. 807 – Unauthorized practice of law
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1. Prohibition. No person may practice law or profess to practice law within the State or before its courts, or demand or receive any remuneration for those services rendered in this State, unless that person has been admitted to the bar of this State and has complied with section 806?A, or unless that person has been admitted to try cases in the courts of this State under section 802.
[PL 1989, c. 755 (RPR).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 4 Sec. 807
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probate: Proving a will
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Violation. Any person who practices law in violation of these requirements is guilty of the unauthorized practice of law, which is a Class E crime.
[PL 1989, c. 755 (RPR).]
3. Application. This section shall not be construed to apply to:
A. Practice before any Federal Court by any person admitted to practice therein; [PL 1989, c. 755 (RPR).]
B. A person pleading or managing that person’s own cause in court; [PL 1989, c. 755 (RPR).]
C. An officer or authorized employee of a corporation, partnership, sole proprietorship or governmental entity, or a member, manager or authorized employee of a limited liability company, who is not an attorney but is appearing for that organization:
(1) In an action cognizable as a small claim under Title 14, chapter 738; or
(2) For the purposes of entering a plea or answer and paying the fine or penalty for a violation by that organization of Title 23, chapter 24 or Title 29?A; [PL 2001, c. 119, §1 (AMD).]
D. A person who is not an attorney, but is representing a municipality under:
E. A person who is not an attorney, but is representing the Department of Environmental Protection under Title 38, section 342, subsection 7; [PL 1989, c. 755 (RPR).]
F. A person who is not an attorney, but is representing the Bureau of Unemployment Compensation or the Bureau of Revenue Services under section 807?A; [PL 1995, c. 560, Pt. G, §1 (AMD); PL 1997, c. 526, §14 (AMD).]
G. A person who is not an attorney, but is representing a party in any hearing, action or proceeding before the Workers’ Compensation Board as provided in Title 39?A, section 317; [PL 1995, c. 419, §1 (AMD).]
H. A person who is not an attorney but has been designated to represent the Department of Health and Human Services under Title 22, section 3473, subsection 3 or under Title 22?A, section 207, subsection 7 in Probate Court proceedings; [PL 2007, c. 539, Pt. N, §4 (AMD).]
I. A person who is not an attorney, but is representing the Department of Health and Human Services in a child support enforcement matter as provided by Title 14, section 3128?A, subsection 7; Title 18?C, section 5?204; and Title 19?A, section 2361, subsection 10; [PL 2017, c. 402, Pt. C, §5 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
J. For the purposes of defending a civil action filed against a corporation, an officer of the corporation if the corporation is organized in this State and has 5 or fewer shareholders; [PL 1997, c. 683, Pt. E, §2 (AMD).]
K. A person who is not an attorney, but who is representing the Department of Health and Human Services in accordance with Title 19?A, section 1615; Title 19?A, section 2009, subsection 8; Title 19?A, section 2201, subsection 1?B; and Title 19?A, section 2202, subsection 1?B; [PL 1999, c. 139, §1 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
L. A person who is not an attorney, but who is representing the Department of Agriculture, Conservation and Forestry in accordance with Title 7, section 3909, subsection 2; [PL 2003, c. 278, §1 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
M. A law enforcement officer, as defined in Title 29?A, section 101, subsection 30, who is not an attorney but who is representing the State in the prosecution of a traffic infraction, as defined in Title 29?A, section 101, subsection 85, when representation in that matter has been approved by the prosecuting attorney; [PL 2007, c. 249, §4 (AMD).]
N. A person who is not an attorney, but is representing the State under section 807?A; [PL 2007, c. 611, §1 (AMD).]
O. A person who is not an attorney, but who is representing a party in any hearing, action or proceeding before the Maine Public Employees Retirement System; [PL 2009, c. 480, §1 (AMD).]
P. A person who is not an attorney but who, as the executive director of the State Harness Racing Commission, is representing the Department of Agriculture, Conservation and Forestry at adjudicatory hearings before the commission in accordance with Title 8, section 263?C; [PL 2013, c. 45, §1 (AMD); PL 2013, c. 134, §1 (AMD).]
Q. A person who is an attorney admitted to practice in another United States jurisdiction to the extent permitted by rules of professional conduct adopted by the Supreme Judicial Court; [RR 2013, c. 1, §5 (COR).]
R. A person who is not an attorney but who is a public accountant, enrolled agent, enrolled actuary or any other person permitted to represent the taxpayer under Title 36, section 151?A, subsection 2 and is representing a party in any hearing, action or proceeding before the Maine Board of Tax Appeals in accordance with Title 36, section 151?D; [PL 2019, c. 449, §1 (AMD).]
Revisor’s Note: (Paragraph R as enacted by PL 2013, c. 134, §3 is REALLOCATED TO TITLE 4, SECTION 807, SUBSECTION 3, PARAGRAPH S)
S. (REALLOCATED FROM T. 4, §807, sub-§3, ¶R) An individual who is the sole member of a limited liability company or is a member of a limited liability company that is owned by a married couple, domestic partners or an individual and that individual’s issue as defined in Title 18?C, section 1?201, subsection 27 who is not an attorney but is appearing for that company in an action for forcible entry and detainer pursuant to Title 14, chapter 709; [PL 2021, c. 567, §4 (AMD).]
T. A marine patrol officer who is not an attorney but is representing the Department of Marine Resources in a libel proceeding before a District Court under Title 12, section 6207; or [PL 2019, c. 597, §2 (AMD).]
U. Practice, pursuant to a rule of the Supreme Judicial Court, by a law student enrolled in a law school accredited by the American Bar Association. [PL 2019, c. 597, §3 (NEW).]
[PL 2021, c. 567, §4 (AMD).]
4. Evidence. In all proceedings, the fact, as shown by the records of the Board of Overseers of the Bar, that that person is not recorded as a member of the bar shall be prima facie evidence that that person is not a member of the bar licensed to practice law in the State.
[PL 1989, c. 755 (RPR).]
SECTION HISTORY
PL 1965, c. 92, §1 (AMD). PL 1969, c. 396 (AMD). PL 1973, c. 625, §13 (AMD). PL 1975, c. 636 (AMD). PL 1977, c. 593, §1 (AMD). PL 1977, c. 696, §26 (AMD). PL 1979, c. 700, §2 (AMD). PL 1983, c. 126 (AMD). PL 1983, c. 420 (AMD). PL 1983, c. 796, §2 (AMD). PL 1985, c. 124, §8 (AMD). PL 1985, c. 598, §1 (AMD). PL 1985, c. 742, §1 (AMD). PL 1987, c. 30 (AMD). PL 1987, c. 402, §A8 (AMD). PL 1987, c. 559, §B1 (AMD). PL 1987, c. 737, §§C4,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C2,C8,C10 (AMD). PL 1989, c. 265, §1 (AMD). PL 1989, c. 755 (RPR). PL 1989, c. 858, §1 (AMD). PL 1991, c. 885, §E4 (AMD). PL 1991, c. 885, §E47 (AFF). PL 1995, c. 65, §A5 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 419, §§1-3 (AMD). PL 1995, c. 560, §§G1,K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1995, c. 599, §§1-3 (AMD). PL 1995, c. 694, §D4 (AMD). PL 1995, c. 694, §E2 (AFF). RR 1997, c. 1, §2 (COR). PL 1997, c. 238, §1 (AMD). PL 1997, c. 296, §1 (AMD). PL 1997, c. 393, §A6 (AMD). PL 1997, c. 393, §A7 (AFF). PL 1997, c. 466, §§1,2 (AMD). PL 1997, c. 466, §28 (AFF). PL 1997, c. 526, §14 (AMD). PL 1997, c. 669, §1 (AMD). PL 1997, c. 683, §§E2-4 (AMD). PL 1999, c. 139, §§1-3 (AMD). PL 2001, c. 119, §1 (AMD). PL 2001, c. 354, §3 (AMD). PL 2001, c. 554, §1 (AMD). RR 2003, c. 2, §1 (COR). PL 2003, c. 278, §§1-3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 58, §3 (REV). PL 2007, c. 249, §§4-6 (AMD). PL 2007, c. 539, Pt. N, §4 (AMD). PL 2007, c. 611, §§1-3 (AMD). PL 2009, c. 480, §1-3 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). RR 2013, c. 1, §§5-7 (COR). PL 2013, c. 45, §§1-3 (AMD). PL 2013, c. 134, §§1-3 (AMD). PL 2015, c. 195, §1 (AMD). PL 2017, c. 402, Pt. C, §§5, 6 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2019, c. 449, §§1-3 (AMD). PL 2019, c. 597, §§1-4 (AMD). PL 2021, c. 567, §4 (AMD).