Jurisdictional Disputes and the Unauthorized Practice of Law

Abstract

ABSTRACT Andrew Abbott's sociological theory of the professions is applied to the field of law by taking the organized bar's enforcement of “unauthorized practice of law” rules as an example of a jurisdictional dispute. In contrast to traditional “trait-theory,” which defines professions according to whether they meet a defined set of criteria, Abbott argues that professional practice is constituted by a series of jurisdictional disputes that takes place between occupational groups for control over particular tasks. These disputes may re-erupt when the circumstances of the environment change. Rapid changes in information technology are examples of such disturbances that may trigger a renegotiation of previously settled jurisdictional boundaries between groups. The history of unauthorized practice enforcement is reviewed with an emphasis on the recent controversy between the Texas enforcement authorities and Nolo Press, a publisher of self-help legal materials. The dispute was triggered by the interactive nature of a software product, not a traditional stand-alone print publication, and this is consistent with Abbott's theory. The question of how unauthorized practice enforcement might impact the work of the reference librarian is then considered. While the line between good reference work and a potential unauthorized practice of law violation is often ambiguous, it is concluded that the resolution of this issue should be left to librarians, not imposed by external enforcement authorities.