Recent Developments
in Dispute Resolution 7/15/97
Unauthorized
practice of law / securities arbitration
The Florida
Bar Re:
Advisory Opinion on Nonlawyer Representation
in Securities Arbitration
(Florida Supreme Court, 7/3/97)
The Florida Supreme Court has decided that a non-lawyer who
represents the public in a stock exchange
arbitration for
compensation is engaged in the unauthorized
practice of law,
and will be prohibited. The ruling
applies to all three
stages of an arbitration: before,
during, or after. The
decision does not affect the right of
individuals to represent
themselves; it applies only to representing
others. The court
recognized that the Federal Securities
and Exchange Commission
could override state law on this question,
but it has not done
so.
Full Text
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...................................................
"Recent
Developments in Dispute Resolution"
Willamette University Center
for Dispute Resolution
Willamette University College
of Law, Salem, Oregon
Ross Runkel, Editor
Richard Birke, Director
rrunkel@willamette.edu
rbirke@willamette.edu
...................................................
Revised
by Kevin Cheatham,
Third Year Law Student
Willamette University College of Law, Salem, Oregon 97301