North Carolina § 84-2 - 1. "Practice law" defined.

§ 84-2. 1. "Practice law" defined.

The phrase "practice law" as used in this Chapter is defined to be performing any legal service for any other person, firm or corporation, with or without compensation, specifically including the preparation or aiding in the preparation of deeds, mortgages, wills, trust instruments, inventories, accounts or reports of guardians, trustees, administrators or executors, or preparing or aiding in the preparation of any petitions or orders in any probate or court proceeding; abstracting or passing upon titles, the preparation and filing of petitions for use in any court, including administrative tribunals and other judicial or quasi-judicial bodies, or assisting by advice, counsel, or otherwise in any legal work; and to advise or give opinion upon the legal rights of any person, firm or corporation: Provided, that the above reference to particular acts which are specifically included within the definition of the phrase "practice law" shall not be construed to limit the foregoing general definition of the term, but shall be construed to include the foregoing particular acts, as well as all other acts within the general definition. The phrase "practice law" does not encompass: The drafting or writing of memoranda of understanding or other mediation summaries by mediators at community mediation centers authorized by G.S. 7A-38.5 or by mediators of employment-related matters for The University of North Carolina or a constituent institution, or for an agency, commission, or board of the State of North Carolina. The selection or completion of a preprinted form by a real estate broker licensed under Chapter 93A of the General Statutes, when the broker is acting as an agent in a real estate transaction and in accordance with rules adopted by the North Carolina Real Estate Commission, or the selection or completion of a preprinted residential lease agreement by any person or Web site provider. Nothing in this subdivision or in G.S. 84-2.2 shall be construed to permit any person or Web site provider who is not licensed to practice law in accordance with this Chapter to prepare for any third person any contract or deed conveying any interest in real property, or to abstract or pass upon title to any real property, which is located in this State. The completion of or assisting a consumer in the completion of various agreements, contracts, forms, and other documents related to the sale or lease of a motor vehicle as defined in G.S. 20-286(10), or of products or services ancillary or related to the sale or lease of a motor vehicle, by a motor vehicle dealer licensed under Article 12 of Chapter 20 of the General Statutes. History (C.C.P., s. 424; 1870-1, c. 90; 1871-2, c. 120; 1880, c. 43; 1883, c. 406; Code, ss. 27, 28, 110; Rev., ss. 210, 3641; 1919, c. 205; C.S., s. 198; 1933, c. 15; 1941, c. 177; 1943, c. 543; 1945, c. 468; 1995, c. 431, s. 3; 1999-354, s. 2; 2004-154, s. 2; 2013-410, s. 32; 2016-60, s. 1.) Effect of Amendments. - Session Laws 2004-154, s. 2, effective August 2, 2004, added "or by mediators of personnel matters for The University of North Carolina or a constituent institution" at the end of the last sentence. Session Laws 2013-410, s. 32, effective August 23, 2013, in the last sentence, added "drafting or," substituted "employment-related" for "personnel," and added "or for an agency, commission, or board of the State of North Carolina." Session Laws 2016-60, s. 1, effective June 30, 2016, inserted subsection (a) and (b) designations and the subdivision (b)(1) designation and added subdivisions (b)(2) and (b)(3). Legal Periodicals. - For article, "Transferring North Carolina Real Estate Part I: How the Present System Functions," see 49 N.C.L. Rev. 413 (1971). For note on the unauthorized practice of law by corporations, see 65 N.C.L. Rev. 1422 (1987). For a comment on ethical and legislative considerations of multidisciplinary practices, see 36 Wake Forest L. Rev. 193 (2001). For comment, "Sharing Their Piece of the Real Estate Pie: An Analysis of the Necessity of Lawyers at Residential Real Estate Closings in the Context of the Adoption of Recent Opinions of the North Carolina State Bar," see 26 Campbell L. Rev. 59 (2004).