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Show f Univrrsittyof Uth Libriri Salt Lkr CitYf Uth 8 M12 AM LEGAL NOTICES: UJUH Legal Newspaper 16, 1971 SALT PImm 4I7-0U- 1 LAKE CITY, UTAN LEGAL he could play in fighting crime. a person can do GENERAL ROMNEY ATTORNEY SPEAKS ON is to train his NOTICES: fUm 417-05- 1 "The most own CRIME significant thing children to respect law . enforcement officers and the principles for which they stand." ( "ADVICE" -I- n By Law Students Okay "LIMITED WAYS" ATTORNEY GENERAL OPINION What may law QUESTIONS: Attorney General Vernon B. Lake Exchange Club a massive movement of a. ernment in America." said that "large segments of the American on the proliferate television screen that crime is everybody concludes it will an that until nearly and strip away a few members on "try- protection, if on crime, still last bastion of nothing else, there are we many effecHe should give the police the said that many this session designed to give the police a "fair measures and He bills of the have been intro- carefully has threatened to veto rests bill a on probable cause and has lature to be wauled down and bill softened up." Mr. Romney back to the "I have a ar- Legis- lot of said, "and I feel the books with good bill results in and such a bill Hawaii since 1869. has been He is not duly admitted and licensed within this state nor any person whose who to practice right or license to so practice has terminated either by disbarment, suspension, failure to pay his license fee or otherwise, shall practice or assume to act or hold himself out to the public as a person qualified to practice or carry on the calling of a lawyer within the state. Such practice, or assumption to act or holding out, by any. such unlicensed or disbarred or suspended person shall not constitute a crime, but this prohibition against the practice of law by any such person shall be enforced by such civil action or proceedings, including quo warranto, contempt or injunctive proceedings, as may be necessary and appropriate, which action or which pro- instituted by the board of commission-er- a state bar; providing, that in any action ceedings shall be of the Utah Ann. 78-51- -25 (1953) . This issue to be decided herein is what constitutes the practice of law or practicing the calling of a lawyer. Within the Utah case law there is little that would help us to further define the "unauthorized practice of law." The main case in ia Nelson v. Smith. the unauthorized practice area in Utah 107 U. 382, 154 P. 2d 634, 157 A.L.R. 512 (1944 others were representing the claims of others being ought by a collection agency as claims of their leged that such claims were now court held otherwise, stating: said similar statutes have been held constitutional all over the country person law Smith and that this bill not only would not threaten our freedoms but would go a long way toward giving the police the tools they He "No this section shall prohibit a person who is unlicensed as an attorney from personally representing his own interests in a cause to which he is a party in his own right and not an assignee." Utah Code Ramp-t- on providing for misdemeanor sent the confidence in the police myself," need to work with." In very limited ways law students may counsel other students and may appear in representative capacities in connection with University hear- CONCLUSION: "Nothing in Code Revision Committee" had pre- said ho was "disappointed that Governor theirs own. by way of assignment. on said the - Cases from other jurisdictions have relied UTAH STATE HOUSE ACTION the endorsement of the whole committee. a "strung and unsentimental Nixon Administration anti-cri- me has displayed attitude" and that the Administration's approach, along with increased in about two dozen American Mr. Romney concluded cities in the page 5 32nd Day House Bills tee page 7 community in- volvement, has been responsible for the lowering of crime UTAH STATE. SENATE ACTlON-ii- age rates last year. that every citizen has soma role The practice of law, though impossible of defininvolves the carrying on of the calling of an ition, attorney usually for gain- and consists of giving advice, as such, acting in a representative capacity and rendering services to others." Id.' at 638. nsisting of Judges, attorneys, and professors of law, and had said tha'. the They al- "The had been prepared by the Penal Code Revision Committee co- Mr. Romney on, tice of pared others which are being debated." Mr. Romney law or proceeding to enforce the prohibition against the praclaw, the accused shall be entitled to a trial by jury. shake in dealing with said his office had sponsored eight that the "Penal May the statute provides: defense and that for our duced in the Utah Legislature underworld elements." law The scope of Utah's statute regarding practicing law without a license is in need of further definition. Specifically, tools they need to operate with the same degree of sophistication and finesse as are being used by criminals today." The Attorney General May ings without practicing law. re- measures which can and should be introduced. said "the police are our own gov- law etc? layers of apathy from the problem of Attorney General said that while Americans must stop-ga- p students counsel student officers concerning either state "Crunch Crime Week" lunch- congratulated club He vise their whole thinking tive law self-incriminati- crime in our community." The May students represent other students before a University disciplinary board? If so, can the representation include counselling a student as to whether or not to assert his Fifth Amendment privilege against c. atrocious, outrageous thing at the Club's at the Hotel Utah. ing to do As students counsel other students as to their substantive and procedural rights under University regulations? b. continue to flourish." Mr. Romney spoke eon students or other students or University regulations? people have become apathetic to crime news as they have seen it 1 78-51-- 25? real hope of eradicating crime no 71-00- far as counselling other students and student organizations without engaging in the "unauthorized practice" of law within the meaning of Friday told the Salt Romney that until "there is the public will, there can be Mr. Romney A The Daily liecmrd VOLUME 15, NUMBER 31 TUESDAY, FEBRUARY SETS"! .'.".SSCAKS tf 1 5 32nd Day Senate Bills nee page 7, 6 6 on Nelson for sen page two . |