<\/p>\n When reviewing the actions of a person assisting another, courts review whether one is furnishing \u201cadvice<\/a> or service under circumstances which imply his possession and use of legal knowledge or skill.\u201d There are two main sources for analyzing when activities become the unauthorized practice of law:<\/p>\n The Virginia State Bar maintains a page of the rules on its website entitled Unauthorized Practice of Law<\/a> (\u201cUPL Rules\u201d). In the Introduction to the UPL Rules, the Virginia Supreme Court stated clearly that the UPL Rules protect the public:<\/p>\n The right of individuals to represent themselves is an inalienable right common to all natural persons. But no one has the right to represent another; it is a privilege to be granted and regulated by law for the protection of the public.<\/p>\n The UPL Rules define the \u201cPractice of Law\u201d<\/a> in part as follows:<\/p>\n Specifically, the relation of attorney and client exists, and one is deemed to be practicing law whenever (1) One undertakes for compensation, direct or indirect, to advise another, not his regular employer in any matter involving the application of legal principles to facts or purposes or desires. (2) One, other than as a regular employee acting for his employer, undertakes, with or without compensation, to prepare for another legal instruments of any character, other than notices or contracts incident to the regular course of conducting a licensed business. *<\/p>\n Therefore, unless there is an exception, if a person does not possess an active Virginia State Bar license, that person cannot provide \u201clegal advice\u201d or \u201clegal services\u201d to another. The obvious follow-up question is \u201cWhat constitutes \u2018legal advice?\u2019\u201d We will address that issue in a subsequent blog post. In the meantime, the best course of action is to provide specific questions to your experienced attorney<\/a> and let them provide you an opinion. Otherwise, if the services provided are determined to be the unauthorized practice of law, the potential liabilities include (1) possible criminal charges, because the unauthorized practice of law of is a Class 1 misdemeanor<\/a>, (2) liability to the association, especially if you make a mistake, (3) possibility that a claim made by the association will not be covered by any insurance coverage, and (4) possible action by the Common Interest Community Board<\/a>\u00a0under manager regulations.<\/p>\n![\"\"](\"https:\/\/blog.tarleyrobinson.com\/wp-content\/uploads\/2012\/12\/Gavel-150x150.jpg\" "\\"Gavel\\"")
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