99-9.

• Case Date: October 21, 1999
• Court: Kansas

Kansas Ethics Opinion 1999. 99-9. October 21, 1999KBA Legal Ethics Opinion No. 99-9October 21, 1999 TOPIC: Unauthorized Practice of Law in administrative hearings, DIGEST: Case law and other authorities appear to indicate that under certain circumstances involving the agency's quasi-judicial activities, lay representation of persons in certain employment law hearings may constitute unauthorized practice of law activities. However, we cannot offer a definite opinion on that topic since such decisions are fact-based and require an evidentiary showing, a proceeding better left to an actual future controversy or a declaratory judgment action. Date of Request: September 30, 1999 Reference: MRPC 5.2, 5.3, 5.4, and 5.5 The function of the Kansas Bar Association's ethics advisory service is to respond to inquiries from Kansas-licensed lawyers concerning proposed conduct. The limitations on the service do not allow us to render an opinion regarding past conduct or the conduct of someone other than the requesting attorney. The following constitutes only the opinion of the Committee on Professional Ethics-Advisory Services, and is not in any way intended to be a guarantee of a particular result or a conclusion by appropriate authorities. Further, this document constitutes the Committee's opinion based on the facts and information contained in correspondence above referenced. It is based on a review of the disciplinary rules, model rules of professional responsibility and conduct, and applicable case law. This opinion is not a grant of immunity from any form of legal or disciplinary proceeding. The opinion herein is that of a KBA committee without official government status. The Kansas Bar Association expressly disclaims any liability in connection with issuing this opinion. First draft, 3.0 hours, October 21, 1999 Second draft 1.0 hours, November 2, 1999 FACTS Requesting counsel is now in private practice after having served as a branch manager for an unemployment insurance cost control firm. These businesses contract with employers and attempt to minimize the employer's unemployment insurance liability. This is accomplished in several ways, one of which is representing the employer at administrative appeal hearings conducted by the Kansas Department of Human Resources (hereafter, KDHR). Attorneys may represent such employers, but "duly authorized representatives" may also represent the employer. These representatives are laypersons and defined by rule and regulation. Attorney is getting inquiries from out-of-state businesses whether...