When an accountant forms an LLC, is this unauthorized practice of law?

This is part of a series of short videos on Limited Liability Companies.

This video generated more initial traffic than others in the series. For that reason, these additional information is added:

This earlier blog post includes links to PA and NJ cases and resources: https://tonynovak.com/question-about-unauthorized-practice-of-law/

The best current resource for my home state of New Jersey: https://www.njcourts.gov/attorneys/assets/criminalcharges/unprlaw.pdf

The applicable section of my engagement agreement curated from other CPA standards is highlighted in bold:

“LEGAL ADVICE: My services may involve an application of general principles of business law but my services do not extend to the practice of law. I am not a lawyer. I am not offering legal advice. You should consult with your own lawyer for legal advice. I can generally provide the following services as part of an engagement that are not considered the practice of law:
1) Reading your legal documents.
2) Sharing sample legal documents and discussing how these samples might be useful.
3) Sharing redacted examples of other business’ legal documents and discussing their use.
4) Selling legal forms.
5) Filling in the blanks on a legal form.
6) Apply a general knowledge about the law to a problem arising in my field.
7) Employee benefits practice.
8) Preparation of business formation documents.
9) Tax returns.
10) Preparation of documents where I expect to be a principal in the transaction.
11) Work under the direction of your attorney or as part of a project work group that includes your attorney.”

One thought on “When an accountant forms an LLC, is this unauthorized practice of law?

Comments are closed.