A Rhode Island divorce lawyer explores a very thorny issue concerning the legality of non lawyer mediation.
Are non lawyer mediator’s committing a crime in Rhode Island?
Are Rhode Island non-attorney mediators who conduct divorce, custody, child support or family law mediation committing the crime of unauthorized practice of law? This is a real grey area. It is virtually impossible to conduct a mediation in a Rhode Island Divorce without giving some level of legal advice to both parties.
Also, the RI Divorce mediator drafts a memorandum of understanding which is very similar to a property settlement agreement.
It is hard to believe that it is legal for a non-lawyer mediator to perform a divorce mediation. You should steer clear of mediators in Rhode Island who are not lawyers. Non-lawyer mediators have only read articles and don’t know different areas of RI law such as real estate law, estate planning, pensions, child support, employment law, bankruptcy, and child custody. Please contact Rhode Island Divorce Attorney and mediator David Slepkow 401-437-1100.
Rhode Island divorce lawyer
A lawyer knows how to properly draft a memorandum of understanding after a divorce mediation. A Rhode Island divorce lawyer knows what issues to address and give ideas on how to properly settle the matter. You would not let the doctor’s secretary perform a surgery so why let a layperson guide you through RI family Court? Rhode Island divorce Lawyers who act as mediators have been through the wars in Rhode Island Family court or Providence Family Court. They have experience and training in Rhode Island Divorce and Child Custody Law.
Rhode Island General Law 11-27-2 defines the practice of law as:
- 11-27-2 “Practice of law” defined. – “Practice law” as used in this chapter means the doing of any act for another person usually done by attorneys at law in the course of their profession, and, without limiting the generality of the definitions in this section, includes the following:
- (1) The appearance or acting as the attorney, solicitor, or representative of another person before any court, referee, master, auditor, division, department, commission, board, judicial person, or body authorized or constituted by law to determine any question of law or fact or to exercise any judicial power, or the preparation of pleadings or other legal papers incident to any action or other proceeding of any kind before or to be brought before the court or other body;
- (2) The giving or tendering to another person for a consideration, direct or indirect, of any advice or counsel pertaining to a law question or a court action or judicial proceeding brought or to be brought;
- (3) The undertaking or acting as a representative or on behalf of another person to commence, settle, compromise, adjust, or dispose of any civil or criminal case or cause of action;
- (4) The preparation or drafting for another person of a will, codicil, corporation organization, amendment, or qualification papers, or any instrument which requires legal knowledge and capacity and is usually prepared by attorneys at law.