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In response to opposition from HALT and other groups, the American Bar Association Task Force on the Model Definition of the Practice of Law has backed off from its controversial proposed definition of the practice of law. In a report released on March 28, the Task Force declared that such definitions should be left to the states to determine.

The Task Force's original draft definition defined the practice of law as "the application of legal principles and judgment with regard to the circumstances and objectives of a person that require the knowledge and skill of a person trained in the law," a definition which could include nearly any type of service related even tangentially to the law.

HALT delivered testimony at a February hearing held by the Task Force in which HALT blasted the Task Force for attempting to further the lawyers' monopoly over legal services. The Federal Trade Commission and the Department of Justice also testified, indicating that the proposal raised antitrust concerns. Many legal service providers, including legal publishers and paralegals, testified at the hearing about the adverse effect that the proposed definition would have on their businesses and, by extension, on their customers' access to legal services.

HALT Senior Counsel Tom Gordon, who delivered HALT's testimony at the February hearing, reacted to the Task Force's proposal with cautious optimism. "The Task Force's decision to withdraw its proposed definition is a victory for consumers of legal services," he said. "Now, however, we have to fight a state-by-state battle to protect people's right to affordable help with the legal system." The ABA House of Delegates will vote on the Task Force recommendation at its annual meeting in August.

(from The Legal Reformer, Summer 2003)
HALT ADVOCACY
Testimony before the Task Force
Column in Legal Times about the Task Force

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Going It Alone in Court
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New York Times article, 02/03/2003
ABA Task Force website