RESOLUTION URGING AMENDMENT OF PROPOSED PENNSYLVANIA UNAUTHORIZED PRACTICE LEGISLATION

WHEREAS, the General Assembly of Pennsylvania is considering House Bill 2449, which seeks to amend Section 2524(a) et seq. of Title 42 of the Pennsylvania Consolidated Statutes (42 Pa. Cons. Stat. Ann. §2524 (a)) concerning the unauthorized practice of law;

WHEREAS, the National Federation of Paralegal Associations, Inc.(NFPA), which opposes House Bill 2449, forwarded a copy of same to the Chancellor of the Philadelphia Bar Association and requested that the Chancellor bring this bill to the attention of the Philadelphia Bar Association;

WHEREAS, the Chancellor asked the Professional Responsibility Committee (this Committee) to review House Bill 2449 and provide its opinion as to what position, if any, the Philadelphia Bar Association should take in regard to House Bill 2449;

WHEREAS, this committee, after considerable discussion, and after reviewing the material of the Pennsylvania Bar Association's Committee on the Unauthorized Practice of Law, which supports House Bill 2449, and the response of NFPA, which opposes the bill, has concluded that language in subsection (a), lines 11 and 12, dealing specifically with paralegals or legal assistants is wholly gratuitous since paralegals or legal assistants are already included in the proscription against the unauthorized practice of law;

WHEREAS, it is the position of this committee that gratuitous language should not be included in this or any other statute;

NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association supports House Bill 2449 if, and only if, the language including, but not limited to, a paralegal or legal assistant, is stricken from subparagraph (a), lines 11 and 12;

AND BE IT FURTHER RESOLVED that the Board of Governors further supports amending the Unfair Trade Practices and Consumer Protection Act to make a violation of 42 Pa.C.S. §2524(a) a violation of such statute.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: April 25, 1996