Unauthorized Practice of Law Committee of Supreme Court v. Grimes

654 P.2d 822, 1982 Colo. LEXIS 743
CourtSupreme Court of Colorado
DecidedNovember 29, 1982
DocketNo. 82SA94
StatusPublished
Cited by15 cases

This text of 654 P.2d 822 (Unauthorized Practice of Law Committee of Supreme Court v. Grimes) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Unauthorized Practice of Law Committee of Supreme Court v. Grimes, 654 P.2d 822, 1982 Colo. LEXIS 743 (Colo. 1982).

Opinion

ERICKSON, Justice.

The Unauthorized Practice of Law Committee of the Colorado Supreme Court filed a complaint with this Court alleging that the respondent, Richard 0. Grimes, was engaged in the unauthorized practice of law. On March 4, 1982, we issued a citation requiring the respondent to show cause why he should not be held in contempt of court for the unauthorized practice of law. C.R. [823]*823C.P. 238. The pleadings filed by the respondent created factual issues which were referred to a hearing master for determination. Thereafter, a petition for a preliminary injunction and documents were filed which established that the respondent was engaged in the practice of law and on August 19, 1982, we issued a preliminary injunction enjoining him from continuing the unauthorized practice of law.

The Unauthorized Practice of Law Committee’s requests for a permanent injunction and for a finding of contempt of court were heard by the hearing master on September 3, 1982. The hearing master found the respondent to be in contempt of this Court and recommended that a permanent injunction be issued. We now adopt the findings and conclusions of the hearing master. We order that Richard 0. Grimes be permanently enjoined from engaging in the practice of law and find that he is in contempt of the Supreme Court. We further order that the respondent be fined $500 and that he pay the costs of this proceeding. He is also sentenced to six months confinement in the County Jail of the City and County of Denver. All but ninety days of the six month sentence are suspended on the condition that the respondent does not practice law or perform any service constituting the practice of law, and does not further violate our injunction against his unauthorized practice of law.

I.

Article VI of the Colorado Constitution grants the Colorado Supreme Court jurisdiction to regulate and control the practice of law in Colorado. Conway-Bogue v. Denver Bar Ass’n, 135 Colo. 398, 312 P.2d 998 (1957). Under section 12-5-112, C.R.S. 1973 (now in 1978 Repl.Vol. 5), it is contempt of this Court to practice law in Colorado without first being admitted as a member of the bar of this Court. It is within our authority to promulgate rules governing the admission and regulation of lawyers, as well as prohibitions against the unauthorized practice of law. See C.R.C.P. 201-260. We said in Conway-Bogue v. Denver Bar Ass’n, 135 Colo. 398, 407, 312 P.2d 998, 1002-03 (1957), “[t]he judiciary has inherent and plenary powers, with or without legislative enactment, to regulate and control the practice of law to the extent that is reasonably necessary to the proper functioning of the judiciary.” A long line of case law in other jurisdictions affirms the inherent power of the judiciary to regulate the unauthorized practice of law. See, e.g., Petition of Florida State Bar Ass’n, 134 Fla. 851, 186 So. 280 (1938); State v. Sperry, 140 So.2d 587 (Fla.1962); Chicago Bar Ass'n v. Kellogg, 338 Ill.App. 618, 88 N.E.2d 519 (1949); In re Baker, 8 N.J. 321, 85 A.2d 505 (1951); R.J. Edwards, Inc. v. Hert, 504 P.2d 407 (Okl.1972); West Virginia State Bar v. Earley, 144 W.Va. 504, 109 S.E.2d 420 (1959). See also American Bar Association, Unauthorized Practice Handbook (1972); Comment, Control of the Unauthorized Practice of Law: Scope of Inherent Judicial Power, 28 U.Chi.L.Rev. 162 (1960); Comment, Remedies Available to Control the Unauthorized Practice of Law, 62 Colum.L.Rev. 501 (1962).

The power of the Supreme Court to determine who should be authorized to practice law would be meaningless if it could not prevent the practice of law by those not admitted to the bar. State v. Sperry, supra. The court in West Virginia State Bar v. Earley, supra, stated:

“It would indeed be an anomaly if the power of the courts to protect the public from the improper or unlawful practice of law were limited to licensed attorneys and did not extend or apply to incompetent and unqualified laymen and lay agencies. Such a limitation of the power of the courts would reduce the legal professional to an unskilled vocation, destroy the usefulness of licensed attorneys, as officers of the courts, and substantially impair and disrupt the orderly and effective administration of justice by the judicial department of the government; and this the law will not recognize or permit.”

144 W.Va. at 536, 109 S.E.2d at 440.

Lawyers are officers of the court, and, as such, are subject to supervision and [824]*824regulation by the court. West Virginia State Bar v. Earley, supra. Not only do we regulate admissions to the Bar, but we continually oversee the practice of law to insure that the public obtains legal advice only from qualified and competent counsel. We do not hesitate to suspend or revoke the license of a lawyer who abuses the honor and privilege of practicing law in this state. Accordingly, we cannot permit an unlicensed person to commit acts which we would condemn if done by a lawyer. Conway Bogue v. Denver Bar Ass’n, supra; People v. Gregory, 135 Colo. 438, 312 P.2d 512 (1957). As the Oklahoma Supreme Court noted of its supervisory power and duty:

“Any criterion for distinguishing law practice from that which belongs to other fields can be properly geared to the public welfare only if we keep in mind the manner in which the licensing of lawyers serves its purpose. The law practice franchise or privilege is based upon the threefold requirements of ability, character, and responsible supervision. The public welfare is safeguarded not merely by limiting law practice to individuals who are possessed of the requisite ability and character, but also by the further requirement that such practitioners shall thenceforth be officers of the court and subject to its supervision. (Emphasis supplied)”

R.J. Edwards, Inc. v. Hert, 504 P.2d 407,413 (Okl.1972) (quoting Gardner v. Conway, 234 Minn. 468, 48 N.W.2d 788 (1951)). See also Conway-Bogue v. Denver Bar Ass’n, supra; Chicago Bar Ass’n v. Kellogg, supra.

The respondent argues that, despite our authority to regulate and supervise the practice of law, he has a right under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), to provide lay assistance to individuals representing themselves in legal matters. See Board of County Commissioners v. Howard, 640 P.2d 1128 (Colo.1982); People v. Dunlap, 623 P.2d 408 (Colo.1981). However, he has misread or does not understand the holding in Faretta v. California, supra. Faretta

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Coffman, Colorado Attorney General v. Williamson, Jr
2015 CO 35 (Supreme Court of Colorado, 2015)
In re Foster
253 P.3d 1244 (Supreme Court of Colorado, 2011)
People v. Adams
243 P.3d 256 (Supreme Court of Colorado, 2010)
Adams v. Thomas
387 B.R. 808 (D. Colorado, 2008)
People v. Shell
148 P.3d 162 (Supreme Court of Colorado, 2006)
Opinion No.
Oklahoma Attorney General Reports, 2006
Smith v. Mullarkey
121 P.3d 890 (Supreme Court of Colorado, 2005)
In Re Boyer
988 P.2d 625 (Supreme Court of Colorado, 1999)
E & a Associates v. First National Bank of Denver
899 P.2d 243 (Colorado Court of Appeals, 1994)
People v. Love
775 P.2d 26 (Supreme Court of Colorado, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
654 P.2d 822, 1982 Colo. LEXIS 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unauthorized-practice-of-law-committee-of-supreme-court-v-grimes-colo-1982.