Opinion
Opinion delivered April 13, 1992.
On December 18, 1978, the Court by Per Curiam Order established the Committee on the Unauthorized Practice of Law to receive inquiries and complaints regarding the unauthorized practice of law; to investigate those inquiries and complaints; to conduct hearings, if requested; to issue advisory opinions; and, if necessary, to bring legal action in the appropriate court.
The Committee was appointed according to the Per Curiam, and, as directed by the Court, the Committee adopted Rules of Procedure and filed those Rules with the Clerk of the Supreme Court on August 21, 1979.
The Committee now seeks the Court's approval to amend the Rules of Procedure and to adopt the Rules as modified. The Court approves and adopts the amendments as follows:
1. "Chairman" is changed to "Chair" throughout.
2. Number 4 is amended to permit the Committee to meet as needed upon the call of the Chair with seven days notice. The number of complaints required is changed from four to six. Further, the amendment permits telephone conference calls.
3. Subsection (b) of number 7 is amended to state that a hearing will be held as soon as practical but no later than 120 days after the Committee receives the request for a hearing.
4. Subsection (e) of number 7 language is changed to clarify that the party who has requested the hearing may also request that the Committee provide a transcript of the hearing at the party's expense.
The Court hereby publishes the Rules of Procedure in their entirety as amended:
THE SUPREME COURT COMMITTEE ON THE UNAUTHORIZED PRACTICE OF LAW RULES OF PROCEDURE
Pursuant to Section IV of the Per Curiam Rule of the Arkansas Supreme Court dated December 18, 1978, numbered 78-11, the following rules of Procedure for the handling of inquiries and complaints are adopted by the Committee:
1. All matters directed to the attention of the Committee shall be in writing and signed.
2. All matters directed to the attention of the Committee must be filed with the Clerk of the Arkansas Supreme Court. The Clerk will file the original and cause a copy thereof to be mailed to the Secretary of the Committee. The Committee Secretary will promptly forward a copy to each member of the Committee.
3. Each inquiry and/or complaint shall be considered by the entire Committee.
4.(a). The Committee shall meet as needed and shall be subject to the call of the Chair upon seven (7) days notice. The Chair shall issue a call upon receipt of six (6) inquiries or complaints subsequent to the last meeting of the Committee.
(b). At the Chair's discretion, a meeting may be scheduled by telephone conference call.
5. After full discussion and Committee consideration, the Chair shall assign each inquiry or complaint to a Committee member for the drafting of a response or opinion. Any opinion of the Committee shall be circulated to all members for final approval prior to transmittal.
6. The final opinion drafted shall be forwarded to the individual signing the inquiry or complaint with a copy to the Clerk and a copy to the Committee Secretary for inclusion in the Committee's permanent file of opinions to be kept by the Committee Secretary.
7. In the event unauthorized practice of law is indicated, notice thereof shall be made by forwarding the opinion by registered or certified mail, with notice to the party of right to a formal hearing.
(a). If a formal hearing is desired, the request therefor must be made in writing and must specify that part of the opinion to be challenged.
(b). A hearing shall be held as soon as practicable but no later than 120 days after receipt of the request.
(c). A list by name and address, of all witnesses expected to be called to testify at the formal hearing shall be exchanged by the party and the Committee at least 48 hours prior to the hearing.
(d). The party may request the issuance of subpoenas for witnesses by request to the Supreme Court Clerk, which request shall include the name and residence address of the proposed witness.
(e). The party may request of the Committee that a transcript be made of the proceedings, and all cost thereof shall be borne by the requesting party.
(f). The formal hearing shall be conducted in a manner prescribed by the Committee Chair, who shall preside, or designate a Committee member to preside.
(g). The burden of proving action constituting the unauthorized practice of law shall be with the Committee.
(h). At the close of all the evidence the Committee shall make its deliberations in private and shall reconvene the hearing for the purpose of announcing its decision.
(i). If warranted, the Chair shall appoint a member of the Committee to draft a new opinion or supplemental opinion to be handled as provided in paragraphs numbered 5 and 6 herein.