§ 11-27-19 - Unauthorized practice of law committee – Powers and duties – Duties of attorney general.
SECTION 11-27-19
§ 11-27-19 Unauthorized practice of lawcommittee – Powers and duties – Duties of attorney general. –(a) There is established an unauthorized practice of law committee to beappointed by the supreme court consisting of any number that shall bedetermined by the supreme court.
(b) It shall be the duty of the attorney general and theunauthorized practice of law committee to enforce the provisions of thischapter and to investigate and prosecute all violations. It shall be the dutyof the attorney general to prosecute all criminal violations. The superiorcourt shall have jurisdiction to restrain and enjoin any of the acts prohibitedin this chapter upon a complaint brought by the attorney general, by any memberof the bar of this state whose authority as a member to practice law is in fullforce and effect or by the unauthorized practice of law committee.
(c) The unauthorized practice of law committee may sue in itsown name for the purpose of civil litigation as provided by this section.
(d) The unauthorized practice of law committee shall have thefollowing duties and powers:
(1) To adopt, amend, and rescind any rules and regulationsthat it deems necessary to carry out the provisions of this section, a copy ofwhich rules and regulations shall be filed with the secretary of state andavailable for public inspection.
(2) To investigate all reports of activities which mayconstitute unauthorized practice of law and to hold hearings to determinewhether the charges are substantiated or unsubstantiated;
(3) To appoint legal counsel and any assistants that thecommittee deems necessary to act for the committee in investigating complaintsbrought before it;
(4) To make contracts and arrangements for the performance ofadministrative and similar services required or appropriate in the performanceof the committee's duties;
(5) To issue subpoenas and administer oaths in connectionwith any investigations, hearings, or other proceedings held under theauthority of this chapter;
(6) To take or cause depositions to be taken as needed in anyinvestigation, hearing, or proceeding;
(7) To summon and examine witnesses during any investigation,hearing, or proceeding conducted by the committee;
(e) There shall be no liability on the part of, and no causeof action of any nature shall arise against, the unauthorized practice of lawcommittee, its agents, or its employees, or its members or against anyorganization or its members or other witnesses and parties to the committee'sproceedings for any statements made by them in documents, reports,communications, or testimony concerning any investigation of the conduct of anyperson, firm, corporation, or other entity alleged to be engaged in theunauthorized practice of law.
(f) Subpoenas may be issued by the committee on its ownmotion to compel the production of documents or other written records or theattendance of witnesses at any investigation or hearing. The committee mayissue subpoenas at the request and on behalf of the accused. In the event thatany person contumaciously refuses to obey a subpoena or answer any properquestion put to that person during a hearing or proceeding, the superior courtshall have jurisdiction upon application by the committee to issue that personan order requiring the person to appear before the committee, there to produceevidence if so ordered, or there to give testimony concerning the matter underinvestigation. The committee shall have the power to request the superior courtto punish all intentional disregard of the court orders as contempt.
(g) Within thirty (30) days, if practical, after holding ahearing, the committee shall make a written report of its findings of fact andits recommendation, and the report shall be immediately transmitted to thechief justice of the supreme court with a transcript of the evidence. A copy ofthe report shall be furnished to the accused.
(h) The administration of the committee shall be funded fromannual fees to be determined by the supreme court. These fees shall be chargedto and apportioned among the licensed attorneys and counselors of the supremecourt of this state, the payment of which shall be a condition to practicing inthe state of Rhode Island. Monies shall be received by the supreme court in thesame manner as lawyers' registration fees and credited to a fund known as theunauthorized practice of law committee administration fund. All monies in thefund shall be utilized only for the purpose of maintaining, managing,operating, and administering the unauthorized practice of law committee incarrying out its functions. The committee shall make an annual financial reportto the supreme court of Rhode Island.