Unlicensed Practice of Law

I am attaching a paper I wrote four years ago, The Unlicensed Practice of Law and How to Avoid It. This is a follow-up to this morning’s post warning that public adjusters should not fill out a civil remedy notice of insurer violation for a policyholder because that would be practicing law. Now a number of people are calling with questions, which this paper should more fully explain, if you care to research this topic in greater detail.
Continue Reading How Adjusters Should Avoid The Unlicensed Practice of Law

Public adjusters cannot practice law. Every state in the union has this restriction. Every public adjuster should read Merlin Law Group attorney Larry Bache’s 2014 post, The Big Don’t for Public Adjusters: Practicing Law Without a License. He noted:

[I]t is clear that a Texas licensed public adjuster is authorized to negotiate claims on behalf of policyholders on a contingent basis. However, a public adjuster should not argue existing case law or statutes and make clear to the policyholder that an attorney may be needed if a dispute over coverage manifests itself.

The most common example that I see is a public adjuster citing case law in letters to the carrier. Even worse, I have seen public adjusters disagreeing with an attorney’s application of a case in writing. This will get a public adjuster in trouble.
Continue Reading Public Adjusters Who Write Civil Remedy Notices Can Lose Their Licenses