The Effect of Unauthorized Practice of Law upon the Ethics of the Legal Profession

Abstract

An appreciation of the effect of unauthorized practice of law upon professional ethics and the administration of justice requires an understanding of the instruments and processes by which justice is administered and the functions of a licensed bar in the judicial system. Only by first visualizing the entire system engaged in the administration of justice and the place of the legal profession therein, can one determine fully the consequence of unauthorized practice. Under the American system of constitutional government, ultimate responsibility for the administration of justice rests upon the judiciary. However, this does not mean either that the administration of justice is limited to formal proceedings in court or that the judges alone bear the burden of determining and protecting the rights of the public. As a matter of fact, formal litigation is but one of the many processes provided for the protection and determination of legal rights. The bar is maintained as an agency of the courts to assist in the administration of justice both within and without the courtroom. The members of the bar are officers of the court without whom the courts cannot function, and without whom the courts would be powerless to discharge their obligation to see that justice is administered fairly not only in the courtroom, but in the field outside the direct supervision of the courts, where the greatest opportunity for miscarriage exists. It is as much the concern of the courts when the administration of justice is thwarted by dishonesty, ignorance, and lack of access to the courts as when the same result is reached by perjury, or tampering with a jury in formal proceedings. To insure to the public adequate protection from dishonesty and incompetence in the pursuit of justice, membership in the bar is limited to those who have proven themselves to be of superior learning and character. To maintain standards of superior ability and conduct the members of the bar are required to conform to a higher standard of conduct than that required of every man.