Z-0261.6  _______________________________________________

 

                          HOUSE BILL 1451

          _______________________________________________

 

State of Washington      55th Legislature     1997 Regular Session

 

By Representatives Sheahan, Costa, Constantine, Lantz, Sterk, Skinner, Appelwick, Sullivan, Mason and Kenney

 

Read first time 01/27/97.  Referred to Committee on Law & Justice.

Making the unauthorized practice of law a violation of the consumer protection act.


    AN ACT Relating to making the unauthorized practice of law, as determined by the supreme court, a violation of the consumer protection act; adding new sections to chapter 2.48 RCW; and providing an effective date.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 2.48 RCW to read as follows:

    The legislature finds that the unauthorized practice of law, as determined by the supreme court, undermines the public's confidence and respect in the legal system when legal services are delivered by persons who lack professional training and knowledge of the law and the legal processes, thereby jeopardizing the legal rights of individuals who have relied to their detriment upon such advice.  It is the intent of chapter . . ., Laws of 1997 (this act) that enforcement of chapter . . ., Laws of 1997 (this act) shall be accomplished primarily through private actions brought on behalf of individuals, but nothing in chapter . . ., Laws of 1997 (this act) precludes the attorney general from initiating and maintaining an action or intervening in an action brought under chapter . . ., Laws of 1997 (this act).  The legislature further finds that by providing better access to the equitable and legal remedies available under the consumer protection act, chapter 19.86 RCW, the options for citizens suffering economic harm are expanded and the public interest in ensuring that those who practice law are subject to judicial oversight and accountability is further protected.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 2.48 RCW to read as follows:

    The legislature finds that practices covered by RCW 2.48.170, 2.48.180, and 2.48.190, and the unauthorized practice of law prohibited in these sections, are matters vitally affecting the public interest for purposes of applying the consumer protection act, chapter 19.86 RCW.  A violation of these sections is not reasonable in relation to the development and preservation of business.  A violation of these sections is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.  This section is cumulative and nonexclusive and does not affect any other remedy available at law or in equity.

 

    NEW SECTION.  Sec. 3.  This act takes effect January 1, 1998.

 


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