Sec. 51-88. Practice of law by persons not attorneys.
Sec. 51-88. Practice of law by persons not attorneys. (a) A person who has not
been admitted as an attorney under the provisions of section 51-80 shall not: (1) Practice
law or appear as an attorney-at-law for another, in any court of record in this state, (2)
make it a business to practice law, or appear as an attorney-at-law for another in any
such court, (3) make it a business to solicit employment for an attorney-at-law, (4) hold
himself out to the public as being entitled to practice law, (5) assume to be an attorney-at-law, (6) assume, use or advertise the title of lawyer, attorney and counselor-at-law,
attorney-at-law, counselor-at-law, attorney, counselor, attorney and counselor, or an
equivalent term, in such manner as to convey the impression that he is a legal practitioner
of law, or (7) advertise that he, either alone or with others, owns, conducts or maintains
a law office, or office or place of business of any kind for the practice of law.
(b) Any person who violates any provision of this section shall be fined not more
than two hundred and fifty dollars or imprisoned not more than two months or both.
The provisions of this subsection shall not apply to any employee in this state of a stock
or nonstock corporation, partnership, limited liability company or other business entity
who, within the scope of his employment, renders legal advice to his employer or its
corporate affiliate and who is admitted to practice law before the highest court of original
jurisdiction in any state, the District of Columbia, the Commonwealth of Puerto Rico
or a territory of the United States or in a district court of the United States and is a
member in good standing of such bar. For the purposes of this subsection, "employee"
means any person engaged in service to an employer in the business of his employer,
but does not include an independent contractor.
(c) Any person who violates any provision of this section shall be deemed in contempt of court, and the Superior Court shall have jurisdiction in equity upon the petition
of any member of the bar of this state in good standing or upon its own motion to restrain
such violation.
(d) The provisions of this section shall not be construed as prohibiting: (1) A town
clerk from preparing or drawing deeds, mortgages, releases, certificates of change of
name and trade name certificates which are to be recorded or filed in the town clerk's
office in the town in which the town clerk holds office; (2) any person from practicing
law or pleading at the bar of any court of this state in his own cause; (3) any person
from acting as an agent or representative for a party in an international arbitration, as
defined in subsection (3) of section 50a-101; or (4) any attorney admitted to practice
law in any other state or the District of Columbia from practicing law in relation to an
impeachment proceeding pursuant to Article Ninth of the Connecticut Constitution,
including an impeachment inquiry or investigation, if the attorney is retained by (A) the
General Assembly, the House of Representatives, the Senate, a committee of the House
of Representatives or the Senate, or the presiding officer at a Senate trial, or (B) an
officer subject to impeachment pursuant to said Article Ninth.
(1949 Rev., S. 7638, 7641; P.A. 82-248, S. 74; P.A. 91-324, S. 3; P.A. 95-137; P.A. 04-2, S. 1.)
History: P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made
no substantive change; P.A. 91-324 amended Subsec. (d) to provide that the documents are filed in the town clerk's office
in the town in which the town clerk "holds office" rather than the town in which he "resides" and to add Subdiv. (3) re a
person acting as an agent or representative for a party in an international arbitration; P.A. 95-137 amended Subsec. (b) to
add provision making the criminal penalties inapplicable to certain employees of business entities who render legal advice
to their employers and to define "employee"; P.A. 04-2 made a technical change in Subsec. (d)(3) and added Subsec. (d)(4)
re an attorney admitted to practice law in any other state or the District of Columbia practicing law in relation to impeachment
proceeding, effective March 11, 2004, and applicable to any practice of law on or after January 26, 2004.
See note to Sec. 51-80.
Giving of certificates as to validity of land titles is practice of law. 128 C. 325. To "practice law" means to perform
either in or out of court any acts commonly understood to be the practice of law. 145 C. 222. History of section reviewed.
Id. Practice of law by trust departments of banks. 146 C. 556. Appearances at probate court hearings constitute the practice
of law. Id. History discussed. 154 C. 129, 137-140. Section forbids one who has not passed the bar from practicing law in
or out of court. Id., 140. Defendant was not giving "general information" but, rather, information directed toward a particular
person and to a particular instrument; consequently he was practicing law. Id., 144. While it may be difficult to define
"practice of law" and those who engage in border area activity might claim it is unconstitutionally ambiguous as to them,
defendant could not so claim because his activity was well within area of "practice of law". Id., 148. Statute not unconstitutionally void for vagueness or overly broad so as to infringe on first amendment rights. 239 C. 251. Cited. Id., 256.
Cited. 29 CA 43. Cited. 37 CA 529.
Drafting of wills is practice of law. 4 CS 438. Cited. 9 CS 94. Town clerks are not allowed to render opinions with
respect to validity of real estate titles. Id., 253. Cited. 20 CS 256; Id., 268. Terms of injunction in accordance with supreme
court decision re practice of law by trust departments of banks. 21 CS 42. New York attorney not a member of Connecticut
bar held not entitled to recover for legal services rendered in Connecticut. 23 CS 225. Cited. 34 CS 674. Whether pro se
status alone suffices to strike class action allegations is not clear. 37 CS 46.
Not error to deny motion for new trial even if witness' testimony was false but it appears that result reached on new
trial would not be different. 2 Conn. Cir. Ct. 257. Improper for defendant corporation to appear pro se through its president
who was not an attorney. Id., 284.
Subsec. (d):
Subdiv. (2) cited. 14 CA 172; 34 CA 543. Subdiv. (3) cited. Id. Subdiv. (2) cited. 44 CA 381.
Subpara. (2) cited. 40 CS 361.