Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)

Citation: Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
Parent Document: Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
Jurisdiction: Connecticut (state)
Effective Date: 2020-04-27
Original Source: https://www.courtlistener.com/opinion/4801014/office-of-chief-disciplinary-co... ↗

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along with the rest of Hardy’s testimony, the court
finds credible.
From the facts above, the court finds that there is
clear and convincing evidence that the respondent has
committed a violation of rule 1.4 (a) (5) and (b) of the
Rules of Professional Conduct.
D
Count Four
As to count four, the petitioner alleges the respondent
engaged in the unauthorized practice of law in violation
of rule 5.5 of the Rules of Professional Conduct, which
states in relevant part: ‘‘(a) A lawyer shall not practice
law in a jurisdiction in violation of the regulation of the
legal profession in that jurisdiction, or assist another
in doing so. The practice of law in this jurisdiction is
defined in Practice Book Section 2-44A. . . .’’10
The facts relative to count four are the same as those
set forth in count three above and clearly support a
10
Practice Book § 2-44A provides in relevant part: ‘‘(a) General Definition:
The practice of law is ministering to the legal needs of another person and
applying legal principles and judgment to the circumstances or objectives
of that person. This includes, but is not limited to:
‘‘(1) Holding oneself out in any manner as an attorney, lawyer, counselor,
advisor or in any other capacity which directly or indirectly represents that
such person is either (a) qualified or capable of performing or (b) is engaged
in the business or activity of performing any act constituting the practice
of law as herein defined.
‘‘(2) Giving advice or counsel to persons concerning or with respect to
their legal rights or responsibilities or with regard to any matter involving
the application of legal principles to rights, duties, obligations or liabilities.
‘‘(3) Drafting any legal document or agreement involving or affecting the
legal rights of a person.
***
‘‘(6) Engaging in any other act which may indicate an occurrence of the
authorized practice of law in the state of Connecticut as established by case
law, statute, ruling or other authority.
‘‘ ‘Documents’ includes, but is not limited to . . . pleadings and any other
papers incident to legal actions and special proceedings. . . .’’
November 3, 2020 CONNECTICUT LAW JOURNAL Page 61

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