§ 16-22-211 — Corporations or associations - Practice of law or solicitation prohibited - Exceptions - Penalty

Arkansas § 16-22-211

• Jurisdiction: Arkansas
• Title: 16

Text

(a) It shall be unlawful for any corporation or voluntary association to practice or appear as an attorney at law for any person in any court in this state or before any judicial body, to make it a business to practice as an attorney at law for any person in any of the courts, to hold itself out to the public as being entitled to practice law, to tender or furnish legal services or advice, to furnish attorneys or counsel, to render legal services of any kind in actions or proceedings of any nature or in any other way or manner, or in any other manner to assume to be entitled to practice law or to assume or advertise the title of lawyer or attorney, attorney at law, or equivalent terms in any language in such a manner as to convey the impression that it is entitled to practice law or to furnish legal advice, service, or counsel or to advertise that either alone or together with or by or through any person, whether a duly and regularly admitted attorney at law or not, it has, owns, conducts, or maintains a law office or any office for the practice of law or for furnishing legal advice, services, or counsel. (b) It also shall be unlawful for any corporation or voluntary association to solicit itself by or through its officers, agents, or employees any claim or demand for the purpose of bringing an action thereon or of representing as attorney at law or for furnishing legal advice, services, or counsel to a person sued or about to be sued in any action or proceeding or against whom an action or proceeding has been or is about to be brought, or who may be affected by any action or proceeding that has been or may be instituted in any court or before any judicial body, or for the purpose of so representing any person in the pursuit of any civil remedy. (c) The fact that any officer, trustee, director, agent, or employee shall be a duly and regularly admitted attorney at law shall not be held to permit or allow any such corporation or voluntary association to do the acts prohibited in this section, nor shall that fact be a defense upon the trial of any of the persons mentioned for a violation of the provisions of this section. (d) This section does not apply to a: (1) For-profit corporation or voluntary association lawfully engaged in: (A) The examination and insuring of titles to real property; or (B) Employing an attorney or attorneys in and about its own immediate affairs or in any litigation to which it is or may become a party; (2) Nonprofit corporation or voluntary association lawfully engaged in representing or assisting an indigent, poor, or disadvantaged person as a client in a civil or criminal matter, if any legal services rendered by the nonprofit corporation or voluntary association are furnished through licensed attorneys in accordance with rules governing the practice of law in Arkansas; or (3) Nonprofit corporation, voluntary association, or instrumentality of the government recognized under 26 U.S.C. § 115 that is engaged in representing or assisting as a client in a civil matter one (1) of the following entities, if any legal services rendered are furnished through licensed attorneys in accordance with rules governing the practice of law in Arkansas: (A) A city, county, or public school district; (B) The officers and employees of a city, county, or public school district; (C) A self-funding group of a city, county, or public school district as required under § 14-60-101 et seq., § 14-26-101 et seq., or § 6-17-1401 et seq.; or (D) A self-insurance risk pool of a city, county, or public school district. (e) (1) Nothing contained in this section shall be construed to prevent a corporation from furnishing to any person lawfully engaged in the practice of law such information or such clerical services in and about his or her professional work as may be lawful, except for the provisions of this section, if at all times the lawyer receiving such information or such services shall maintain full professional and direct responsibility to his or her clients for the information and services so received. (2) However, no corporation shall be permitted to render any services that cannot lawfully be rendered by a person not admitted to practice law in this state nor to solicit directly or indirectly professional employment for a lawyer. (f) (1) Any corporation or voluntary association violating any of the provisions of this section shall be guilty of a violation and punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000). (2) Every officer, trustee, director, agent, or employee of the corporation or voluntary association who directly or indirectly engages in any of the acts prohibited in this section or assists such a corporation or voluntary association to do such prohibited acts shall be guilty of a violation and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).

Legislative History

Amended by Act 2017, No. 558,§ 1, eff. 8/1/2017. Acts 1929, No. 182, §§ 1-6; Pope's Dig., §§ 3630-3635; Acts 1958 (2nd Ex. Sess.), No. 11, § 1; A.S.A. 1947, §§ 25-205 -- 25-210; Acts 2005, No. 1994, § 82; 2011, No. 858, § 1.