Illegal Practice of Law

(a)Within one hundred eighty

(180)days of the effective date of this section, the Ethics Committee of the Guam Bar Association shall promulgate proposed rules and regulations which define the acts which constitute the practice of law within Guam. Such rules and regulations shall then be submitted to the Judicial Council for approval or modification and adoption. Thereafter, such rules and regulations may be amended from time to time by the Judicial Council.

(b)The rules and regulations shall provide, among other things, that the following constitute the practice of law:

(1)Activities which relate to the rendition of service for others that call for the professional judgment of an attorney.

(2)Representing or advising any other person in any criminal matter for any compensation, direct or indirect.

(3)Representing any other person or advising any other person as to any lawsuit or action before any court, board, agency, or administrative tribunal, except as allowed by the rules and regulations to be promulgated pursuant to this § 9A215 or as allowed by this § 9A215

(4)Preparation for another of any deed, lease, mortgage, promissory note or other document transferring an interest in real property, evidencing a debt, or creating a security interest in real property. This subsection shall not apply to a full time employee of a bank, savings and loan association, loan company, finance company or COL070307 CH. 9A A TTORNEY ADMISSION AND D ISCIPLINE vendor extending credit to another in the normal course of business. This subsection shall not apply to an employee preparing mortgage and loan documents for credit transactions extended by his employer in the regular course of business; provided, that

(i)the employee is not compensated on a per document basis and

(ii)the customer is not charged an extra fee for the preparation of documents. This subsection shall also not apply to the preparation of listing agreements, offers and acceptance of offers, and other documents incidental to listing and selling real property which are prepared by licensed real estate brokers or salesmen, but such persons may not prepare any documents to be recorded at the Department of Land Management.

(5)Preparation of articles of incorporation or by-laws for a corporation for any compensation, direct or indirect.

(6)Advice to another or preparation of documents relating to lawsuits, probate proceedings, juvenile proceedings, or bankruptcies.

(7)Preparation for another of court documents to be filed in any court or judicial tribunal.

(8)Preparation for another of powers of attorney.

(9)Acts which would constitute the practice of law under the common law, except as otherwise specifically provided in this section.

(10)Holding out oneself as an attorney admitted to practice law in Guam or elsewhere.

(11)Such other acts which the Judicial Council reasonably finds should be performed by an attorney to protect the public. This subsection shall not be considered a limitation as to the definition of what constitutes the practice of law. Other items and acts which constitute the practice of law may be included in the rules and regulations to be issued by the Judicial Council.

(c)It shall not be considered the illegal practice of law:

(1)To perform legal services for or appear in court for oneself;

(2)To appear in small claims court as may otherwise be permitted by court rules;

(3)For an employee or agent of an attorney admitted to practice in Guam, to prepare documents, do research, and interview clients under the direct supervision of an attorney admitted to practice in COL070307 CH. 9A A TTORNEY ADMISSION AND D ISCIPLINE Guam; provided, that the attorney shall be responsible for such acts;

(4)For a certified public accountant or tax practitioner enrolled before the Internal Revenue Service or the Department of Revenue and Taxation, to offer tax advice, tax preparation, or to represent clients before the Department of Revenue and Taxation or any tax tribunals to the extent otherwise permitted by law;

(5)To prepare income tax returns for others if licensed to do so by the Department of Revenue and Taxation;

(6)For an attorney admitted to practice in another state or territory who is associated with an attorney admitted to practice in Guam, to work on a specific legal matter; provided, that approval on a case by case basis is obtained from the Superior Court of Guam or the District Court of Guam, as the case may be;

(7)For a military lawyer to appear before military tribunals or to give advice to military personnel;

(8)For an attorney who is admitted to practice in some other state or territory of the United States, to advise or represent the government of Guam or the United States of America on legal matters;

(9)For a licensed real estate broker, surveyor, architect, or engineer, to represent others before the Territorial Land Use Commission; COL070307 CH. 9A A TTORNEY ADMISSION AND D ISCIPLINE

(10)For a certified public accountant to represent others before the Guam Economic Development Authority;

(11)For an employee of a licensed title or escrow company to prepare title reports and abstracts of title;

(12)For a government employee and official to give advice to others, and to appear at administrative hearings as part of such person's official duties without compensation other than government salary;

(13)For a bona fide full time employee, officer or director of a corporation to represent such corporation before a board or agency or in small claims court;

(14)For a bona fide full time employee, officer or director of a corporation to advise such corporation;

(15)For a government attorney who is employed by the government of Guam pursuant to § 9A114 of this Chapter to represent the government of Guam;

(16)To appear, at no charge to the employee, before the Civil Service Commission or other administrative body, including autonomous agencies, to represent an employee of the government of Guam in actions relating to such employee's government service, or to a grievance;

(17)(Grandfather clause) Any person who has represented another before any board or agency during the twelve

(12)month period immediately preceding the effective date of this section may register with that board or agency within one hundred eighty

(180)days of the effective date of this section. If the board or agency finds that the applicant has in fact legally represent others before that board or agency within the one

(1)year immediately preceding the effective date of this section, and finds that the applicant had a business license in effect at the time of the representation which covered the representation, or finds that the applicant paid business privilege taxes on the fees for such representation, then the board or agency shall so certify and grant the applicant a permit to continue such representation of others. Such permit shall be effective only as to matters before that board or agency; provided, that a person may have more than one

(1)such permit. A copy of any such permit shall, at the time of its issuance, be given to the Judicial Council and to the Ethics Committee of the Guam Bar Association. COL070307 CH. 9A A TTORNEY ADMISSION AND D ISCIPLINE Until such rules and regulations are adopted by the Judicial Council, the definitions relating to the practice of law contained herein and in the common law definition of the practice of law shall apply.

(d)It shall be unlawful for any person to practice law in Guam unless that person is an attorney admitted to practice in Guam. Any fees collected by any person who engages in the illegal practice of law shall be returned to the client involved. Such illegal practice shall not be a crime, and any violations shall be prosecuted civilly as herein provided.

(e)The Ethics Committee of the Guam Bar Association shall investigate any allegation or evidence of illegal practice of law in Guam. A complaint shall not be necessary if it comes to the attention of the Ethics Committee of the Guam Bar Association which shall have the same powers it has when investigating complaints against Guam attorneys.

(f)When the Ethics Committee discovers that any person is illegally practicing law in Guam, it shall bring an action in the Superior Court of Guam to enjoin and restrain such illegal practice of law temporarily and permanently. If the court finds by a preponderance of the evidence that illegal practice occurred, it shall order the return to any clients of fees collected for legal services by such person, repayment of any losses which any client of such person may have suffered as a result of misconduct or malpractice by such person, and shall order the person illegally practicing law to pay costs and reasonable attorneys' fees arising from the investigation and suit.

(g)In addition to such penalties, any person who violates an order enjoining him or her from the illegal practice of law shall be punished for contempt of court, action for which may be brought by the Ethics Committee of the Guam Bar Association or by any person, and in addition to the other penalties permitted by law, shall be fined One Thousand Dollars ($1,000) per day for each day that person practices law contrary to such order and for each day that such person holds himself or herself out as practicing law contrary to such order, as well as for the costs and reasonable attorneys' fees of any investigation and suit.

(h)The burden of proof in any proceeding alleging illegal practice of law shall be by the preponderance of the evidence, and the burden of proof shall be on the Ethics Committee or person alleging the illegal practice of law. COL070307 CH. 9A A TTORNEY ADMISSION AND D ISCIPLINE

(i)Any person may bring an action to enjoin and restrain, temporarily or permanently, the illegal practice of law within Guam; provided, that the Ethics Committee of the Guam Bar Association shall be named as a party respondent. The Ethics Committee shall have sixty

(60)days to file an answer, claim, or other pleadings; provided, that the court can temporarily enjoin or restrain the illegal practice of law during such period. In such action, the Ethics Committee may bring any cause of action against a person who has illegally practiced law to the same extent as if it had originally brought the suit.

(j)In any suit to enjoin the illegal practice of law, disposition and discovery may be had by the Ethics Committee of the Guam Bar Association and other parties immediately upon filing of the case, and the court may accelerate the times allowed for discovery.

(k)Upon request of the Ethics Committee of the Guam Bar Association or the attorney therefor, the Attorney General of Guam may apply to the Superior Court of Guam for a search warrant to be executed by the Guam Police Department for evidence of a violation of this section, which shall be granted if the court finds probable cause exists that a violation of this section has occurred in that someone has illegally engaged in the practice of law and that evidence of such violation is located at the place to be searched.

(l)In any action for malpractice or misconduct brought against a person who has engaged in the illegal practice of law, the work performed by the person shall be held to the same quality and ethical standards as would be appropriate for the person if the person were an attorney admitted to practice in Guam.