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Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

2013

Selected Works

Alexis Anderson

Articles 1 - 1 of 1

Full-Text Articles in Legal Profession

Custom And Practice Unmasked: The Legal History Of Massachusetts' Experience With The Unauthorized Practice Of Law, Alexis Anderson Mar 2013

Custom And Practice Unmasked: The Legal History Of Massachusetts' Experience With The Unauthorized Practice Of Law, Alexis Anderson

Alexis Anderson

Through educational barriers, occupational licensing, and bar association activities, American lawyers have endeavored to achieve a monopoly on the practice of law. One tool that has helped cement their ability to define lawyer-only turf is the unauthorized practice of law (“UPL”) doctrine.

This Article, which explores Massachusetts’ attempts to bar lay practitioners, reveals that the state’s unauthorized practice of law movement took hold relatively recently. It has been marked by fits and starts, by active proponents and by equally determined naysayers, by headline grabbing politicians and bar leaders, and by increasingly assertive judges. Perhaps most importantly, this account also ...