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To Be or Not To Be … a Lawyer - That's the Question in Nebraska

PIA of Nebraska shared a proposal being considered to create a licensing and oversight structure for non-lawyers - and in many areas, require...
May 11, 2004

PIA of Nebraska shared a proposal being considered to create a licensing and oversight structure for non-lawyers - and in many areas, require that only a Nebraska-licensed lawyer be able to conduct the activity.  All PIA affiliates please take note - this can pop up in your state, as well.

The bottom line is that there are those in the state that are concerned that the unlicensed practice of law is spreading, and that there are parties that regularly speak to legal matters who are not lawyers and/or licensed to specifically practice law in the state. However, consumers take their advice and, when wrong, these advising parties do not have the same legal obligations to these consumers as members of the state Bar would.

While PIA can appreciate these issues, since insurance is a legal contract product and to explain and service it deals with legal provisions, this measure could be read to require that almost all aspects of insurance be conducted by state-licensed attorneys only. This also poses issues for all trade and professional organizations, as well. So the sum effort is some good thoughts, driven to a bad extreme.

We've provided some commentary for PIA of Nebraska to use during the hearings this week. We will keep you posted on their progress, but everyone in insurance is concerned.

What It Means to Agents:  If such proposals are allowed to be adopted, then left to their own designs, the state Bar Associations will have all of us out of jobs or forced into night law school in order to secure a state legal bar license to practice.  Please let us know if this kind of proposal surfaces in your state. Contact patbo@pianet.org

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