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Procedural Posture

Complainant, the Unauthorized Practice of Law Committee of the Colorado Supreme Court (Committee), filed a complaint alleging that respondent non-lawyer was engaged in the unauthorized practice of law. The court issued an order enjoining the non-lawyer from continuing his actions. After the non-lawyer's actions continued, the Committee requested a permanent injunction and a finding of contempt.

Overview

A hearing master found the nonlawyer to be in contempt of court and recommended that a permanent injunction be issued. The nonlawyer had been representing people in court and advertising his legal services in the lawyers section of the yellow pages of the telephone book. He argued that the court was creating a monopoly of limiting legal representation by limiting the practice of law to only those who were licensed. The court adopted the findings and conclusions of the hearing master, finding that there was an over abundance of evidence to support the findings. The court held that under Colo. Const. art. VI the court had jurisdiction to regulate and control the practice of law in Colorado. Included in that jurisdiction was the power to determine who should be authorized to practice law, and to limit the practice of law to only those who were authorized. The court found that a fine and imprisonment were appropriate in order to vindicate the dignity of the court and to protect the citizens of Colorado.

Outcome

The court adopted the findings and conclusions of the hearing master. The court permanently enjoined the nonlawyer from engaging in the practice of law and found that he was in contempt. The court ordered a fine and imprisonment.