State ex rel. Comm. on Unauth. Prac. of Law v. Hansen
834 N.W.2d 793
Neb.2013Background
- Commission brought original action to enjoin Hansen from unauthorized practice of law.
- Hansen operated a website selling 'eviction kits' and 'common law liens' and posted as a lawyer without Nebraska license.
- Hansen was personally served and answered; hearing master conducted an evidentiary hearing.
- Hearing master found Hansen not licensed but holding himself out as a Nebraska attorney; recommended injunction.
- Nebraska Supreme Court, adopting de novo review, enjoined Hansen from engaging in unauthorized practice of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the court’s inherent power to regulate the practice of law valid here? | Commission asserts inherent state power to regulate and bar nonattorneys. | Hansen contends no jurisdictional bar; not subject to state law. | Yes; court has inherent power to regulate and enjoin nonlawyers. |
| Did Hansen engage in the unauthorized practice of law under 3-1001(A)-(B)? | Commission alleged Hansen gave legal advice and drafted documents for others. | Hansen denies giving such advice or drafting for Nebraska clients. | Record supports holding out as a Nebraska lawyer but insufficient evidence of actual A/B conduct. |
| Did Hansen’s conduct fall under holding-out as authorized to practice law (3-1001,E)? | Holding out as a lawyer risks public harm and falls under 3-1001(E). | Defendant disputes he held himself out as a Nebraska attorney. | Yes; Hansen held himself out as a regular attorney practitioner in Nebraska. |
| Is an injunction appropriate remedy? | Injunction ensures public protection from nonlawyers practicing law. | No counterarguments stated against injunction. | An injunction is proper to prohibit unauthorized practice. |
| Does evidence support injunctive relief despite disputed factual issues? | Record shows deception and risk to the public. | Record has limited proof of actual client relationships. | Evidence supports injunction and prohibition of further UPL. |
Key Cases Cited
- State ex rel. Comm. on Unauth. Prac. of Law v. Yah, 281 Neb. 383 (2011) (UNAUTH PRACTICE; holding out and harm to public cited)
- State ex rel. Comm. on Unauth. Prac. of Law v. Tyler, 283 Neb. 736 (2012) (inherent regulatory authority; de novo review of UPL)
- Niklaus v. Abel Construction Co., 164 Neb. 842 (1957) (definition of unauthorized practice and public protection)