Maine Revised Statutes

Me. Rev. Stat. tit. 4, § 807 (2026)

Unauthorized practice of law

✓ current as of May 2026
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1.  Prohibition.  No person may practice law or profess to practice law within the State or before its courts, or demand or receive any remuneration for those services rendered in this State, unless that person has been admitted to the bar of this State and has complied with section 806‑A, or unless that person has been admitted to try cases in the courts of this State under section 802.  
[PL 1989, c. 755 (RPR).]
2.  Violation.  Any person who practices law in violation of these requirements is guilty of the unauthorized practice of law, which is a Class E crime.  
[PL 1989, c. 755 (RPR).]
3.  Application.  This section shall not be construed to apply to:  
A. Practice before any Federal Court by any person admitted to practice therein;   [PL 1989, c. 755 (RPR).]
B. A person pleading or managing that person's own cause in court;   [PL 1989, c. 755 (RPR).]
C. An officer or authorized employee of a corporation, partnership, sole proprietorship or governmental entity, or a member, manager or authorized employee of a limited liability company, who is not an attorney but is appearing for that organization:  
(1) In an action cognizable as a small claim under Title 14, chapter 738; or  
(2) For the purposes of entering a plea or answer and paying the fine or penalty for a violation by that organization of Title 23, chapter 24 or Title 29‑A;   [PL 2001, c. 119, §1 (AMD).]
D. A person who is not an attorney, but is representing a municipality under:  
(4) Title 38, section 441, subsection 2;   [PL 1997, c. 296, §1 (AMD).]
E. A person who is not an attorney, but is representing the Department of Environmental Protection under Title 38, section 342, subsection 7;   [PL 1989, c. 755 (RPR).]
F. A person who is not an attorney, but is representing the Bureau of Unemployment Compensation or the Bureau of Revenue Services under section 807‑A;   [PL 1995, c. 560, Pt. G, §1 (AMD); PL 1997, c. 526, §14 (AMD).]
G. A person who is not an attorney, but is representing a party in any hearing, action or proceeding before the Workers' Compensation Board as provided in Title 39‑A, section 317;   [PL 1995, c. 419, §1 (AMD).]
H. A person who is not an attorney but has been designated to represent the Department of Health and Human Services under Title 22, section 3473, subsection 3 or under Title 22‑A, section 207, subsection 7 in Probate Court proceedings;   [PL 2007, c. 539, Pt. N, §4 (AMD).]
I. A person who is not an attorney, but is representing the Department of Health and Human Services in a child support enforcement matter as provided by Title 14, section 3128‑A, subsection 7; Title 18‑C, section 5‑204; and Title 19‑A, section 2361, subsection 10;   [PL 2017, c. 402, Pt. C, §5 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
J. For the purposes of defending a civil action filed against a corporation, an officer of the corporation if the corporation is organized in this State and has 5 or fewer shareholders;   [PL 1997, c. 683, Pt. E, §2 (AMD).]
K. A person who is not an attorney, but who is representing the Department of Health and Human Services in accordance with Title 19‑A, section 1615; Title 19‑A, section 2009, subsection 8; Title 19‑A, section 2201, subsection 1‑B; and Title 19‑A, section 2202, subsection 1‑B;   [PL 1999, c. 139, §1 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
L. A person who is not an attorney, but who is representing the Department of Agriculture, Conservation and Forestry in accordance with Title 7, section 3909, subsection 2;   [PL 2003, c. 278, §1 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
M. A law enforcement officer, as defined in Title 29‑A, section 101, subsection 30, who is not an attorney but who is representing the State in the prosecution of a traffic infraction, as defined in Title 29‑A, section 101, subsection 85, when representation in that matter has been approved by the prosecuting attorney;   [PL 2007, c. 249, §4 (AMD).]
N. A person who is not an attorney, but is representing the State under section 807‑A;   [PL 2007, c. 611, §1 (AMD).]
O. A person who is not an attorney, but who is representing a party in any hearing, action or proceeding before the Maine Public Employees Retirement System;   [PL 2009, c. 480, §1 (AMD).]
P. A person who is not an attorney but who, as the executive director of the State Harness Racing Commission, is representing the Department of Agriculture, Conservation and Forestry at adjudicatory hearings before the commission in accordance with Title 8, section 263‑C;   [PL 2013, c. 45, §1 (AMD); PL 2013, c. 134, §1 (AMD).]
Q. A person who is an attorney admitted to practice in another United States jurisdiction to the extent permitted by rules of professional conduct adopted by the Supreme Judicial Court;   [RR 2013, c. 1, §5 (COR).]
R. A person who is not an attorney but who is a public accountant, enrolled agent, enrolled actuary or any other person permitted to represent the taxpayer under Title 36, section 151‑A, subsection 2 and is representing a party in any hearing, action or proceeding before the Maine Board of Tax Appeals in accordance with Title 36, section 151‑D;   [PL 2019, c. 449, §1 (AMD).]
Revisor's Note: (Paragraph R as enacted by PL 2013, c. 134, §3 is REALLOCATED TO TITLE 4, SECTION 807, SUBSECTION 3, PARAGRAPH S)
S. (REALLOCATED FROM T. 4, §807, sub-§3, ¶R) An individual who is the sole member of a limited liability company or is a member of a limited liability company that is owned by a married couple, domestic partners or an individual and that individual's issue as defined in Title 18‑C, section 1‑201, subsection 27 who is not an attorney but is appearing for that company in an action for forcible entry and detainer pursuant to Title 14, chapter 709;   [PL 2021, c. 567, §4 (AMD).]
T. A marine patrol officer who is not an attorney but is representing the Department of Marine Resources in a libel proceeding before a District Court under Title 12, section 6207;   [PL 2025, c. 97, §1 (AMD).]
U. Practice, pursuant to a rule of the Supreme Judicial Court, by a law student enrolled in a law school accredited by the American Bar Association; or   [PL 2025, c. 97, §2 (AMD).]
V. An attorney certified by the judge advocate general of that attorney's respective military branch representing Maine National Guard members in proceedings conducted pursuant to Title 37‑B, section 415‑A.   [PL 2025, c. 97, §3 (NEW).]
[PL 2025, c. 97, §§1-3 (AMD).]
4.  Evidence.  In all proceedings, the fact, as shown by the records of the Board of Overseers of the Bar, that that person is not recorded as a member of the bar shall be prima facie evidence that that person is not a member of the bar licensed to practice law in the State.  
[PL 1989, c. 755 (RPR).]
SECTION HISTORY
PL 1965, c. 92, §1 (AMD). PL 1969, c. 396 (AMD). PL 1973, c. 625, §13 (AMD). PL 1975, c. 636 (AMD). PL 1977, c. 593, §1 (AMD). PL 1977, c. 696, §26 (AMD). PL 1979, c. 700, §2 (AMD). PL 1983, c. 126 (AMD). PL 1983, c. 420 (AMD). PL 1983, c. 796, §2 (AMD). PL 1985, c. 124, §8 (AMD). PL 1985, c. 598, §1 (AMD). PL 1985, c. 742, §1 (AMD). PL 1987, c. 30 (AMD). PL 1987, c. 402, §A8 (AMD). PL 1987, c. 559, §B1 (AMD). PL 1987, c. 737, §§C4,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C2,C8,C10 (AMD). PL 1989, c. 265, §1 (AMD). PL 1989, c. 755 (RPR). PL 1989, c. 858, §1 (AMD). PL 1991, c. 885, §E4 (AMD). PL 1991, c. 885, §E47 (AFF). PL 1995, c. 65, §A5 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 419, §§1-3 (AMD). PL 1995, c. 560, §§G1,K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1995, c. 599, §§1-3 (AMD). PL 1995, c. 694, §D4 (AMD). PL 1995, c. 694, §E2 (AFF). RR 1997, c. 1, §2 (COR). PL 1997, c. 238, §1 (AMD). PL 1997, c. 296, §1 (AMD). PL 1997, c. 393, §A6 (AMD). PL 1997, c. 393, §A7 (AFF). PL 1997, c. 466, §§1,2 (AMD). PL 1997, c. 466, §28 (AFF). PL 1997, c. 526, §14 (AMD). PL 1997, c. 669, §1 (AMD). PL 1997, c. 683, §§E2-4 (AMD). PL 1999, c. 139, §§1-3 (AMD). PL 2001, c. 119, §1 (AMD). PL 2001, c. 354, §3 (AMD). PL 2001, c. 554, §1 (AMD). RR 2003, c. 2, §1 (COR). PL 2003, c. 278, §§1-3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 58, §3 (REV). PL 2007, c. 249, §§4-6 (AMD). PL 2007, c. 539, Pt. N, §4 (AMD). PL 2007, c. 611, §§1-3 (AMD). PL 2009, c. 480, §1-3 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). RR 2013, c. 1, §§5-7 (COR). PL 2013, c. 45, §§1-3 (AMD). PL 2013, c. 134, §§1-3 (AMD). PL 2015, c. 195, §1 (AMD). PL 2017, c. 402, Pt. C, §§5, 6 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2019, c. 449, §§1-3 (AMD). PL 2019, c. 597, §§1-4 (AMD). PL 2021, c. 567, §4 (AMD). PL 2025, c. 97, §§1-3 (AMD).
Notes of Decisions
Cited in 48 cases (8 in the last 5 years), 1977–2026 · leading case: Moore v. Jencks (In Re Moore), 232 B.R. 1 (Bankr. D. Me. 1999).
Moore v. Jencks (In Re Moore), 232 B.R. 1 (Bankr. D. Me. 1999). · cites it 3× “that the practitioner does not assume to be a physician or dentist”).”
Haynes v. Jackson, 2000 ME 11 (Me. 2000). · cites it 2× “§ 807(1) & (2) (Supp.1999). Section 807(3) does contain more than ten exceptions to the general prohibition, allowing, for example, officers or employees of businesses or government agencies to appear in court for special purposes, but it does not provide an exception…”
Peoples Heritage Sav. Bank v. Pease, 2002 ME 82 (Me. 2002). “See 4 M.R.S.A. § 807 (Supp.2001) (entitled "Unauthorized practice of law”).”
Carey v. Indian Rock Corp., 863 A.2d 289 (Me. 2005). · cites it 3× “[¶ 2] Pursuant to 4 M.R.S.A. § 807(1) (Supp. 2004), “No person may practice law or profess to practice law within the State or before its courts, or demand or receive any remuneration for those services rendered in this State, unless that person has been admitted to the bar of…”
Spickler v. York, 566 A.2d 1385 (Me. 1989). “4 M.R.S.A. §§ 807, 811; Land Management, 368 A.”
Warren Constr. Grp., LLC v. Leslie Reis, 2016 ME 11 (Me. 2016). “4 M.R.S. § 807(1) (2015). Had Warren so requested, the court could have entered a default judgment against Leslie for failing to answer the complaint.”
Duncan v. O'Shea, 376 F. Supp. 3d 115 (D. Me. 2019). · cites it 2× “1990) (citing 4 M.R.S.A. § 807 (Supp. 1989); see also 4 M.”
Weinberger v. Great N. Nekoosa Corp., 801 F. Supp. 804 (D. Me. 1992). “4 M.R.S.A. section 807(1) (Supp.1991). The Maine statute states that this section “shall not be construed to apply to .”
Land Mgmt., Inc. v. Dep't of Env't Prot., 368 A.2d 602 (Me. 1977). “” In support of its position that a corporation may represent itself in Maine courts through a corporate officer who is not a duly admitted attorney, the plaintiff relies upon language found in 4 M.R.S.A. §§ 807 and 811. 4M.R.S.A. §807provides: “Unless duly admitted to the bar…”
Fessenden v. Ireland (In Re Hobbs), 213 B.R. 207 (Bankr. D. Me. 1997). “See Me. Rev.Stat.Ann. tit. 4, § 807(2) (West Supp.”
Okot Ex Rel. Carlo v. Conicelli, 180 F. Supp. 2d 238 (D. Me. 2002). “The Court continues to regard 4 M.R.S.A. § 807(1) as prohibiting the recovery of attorneys’ fees for work done by paralegals that involves the legal judgment and analysis constituting the practice of law.”
State v. Simanonok, 539 A.2d 211 (Me. 1988). “See 4 M.R.S.A. § 807 (Supp.1987). See also Frazee v.”
— Me. Rev. Stat. tit. 4, § 807(1) — 17 cases
Moore v. Jencks (In Re Moore), 232 B.R. 1 (Bankr. D. Me. 1999). “that the practitioner does not assume to be a physician or dentist”).”
Warren Constr. Grp., LLC v. Leslie Reis, 2016 ME 11 (Me. 2016). “4 M.R.S. § 807(1) (2015). Had Warren so requested, the court could have entered a default judgment against Leslie for failing to answer the complaint.”
Weinberger v. Great N. Nekoosa Corp., 801 F. Supp. 804 (D. Me. 1992). “4 M.R.S.A. section 807(1) (Supp.1991). The Maine statute states that this section “shall not be construed to apply to .”
Haynes v. Jackson, 2000 ME 11 (Me. 2000). “§ 807(1) & (2) (Supp.1999). Section 807(3) does contain more than ten exceptions to the general prohibition, allowing, for example, officers or employees of businesses or government agencies to appear in court for special purposes, but it does not provide an exception…”
Okot Ex Rel. Carlo v. Conicelli, 180 F. Supp. 2d 238 (D. Me. 2002). “The Court continues to regard 4 M.R.S.A. § 807(1) as prohibiting the recovery of attorneys’ fees for work done by paralegals that involves the legal judgment and analysis constituting the practice of law.”
— Me. Rev. Stat. tit. 4, § 807(2) — 1 case
Fessenden v. Ireland (In Re Hobbs), 213 B.R. 207 (Bankr. D. Me. 1997). “See Me. Rev.Stat.Ann. tit. 4, § 807(2) (West Supp.”
— Me. Rev. Stat. tit. 4, § 807(3) — 4 cases
Haynes v. Jackson, 2000 ME 11 (Me. 2000). “§ 807(1) & (2) (Supp.1999). Section 807(3) does contain more than ten exceptions to the general prohibition, allowing, for example, officers or employees of businesses or government agencies to appear in court for special purposes, but it does not provide an exception…”
Dean v. Home Snuggers, Inc. (Me. Super. Ct 2018).
Bragdon v. Town of Vassalboro (Me. Super. Ct 2001).
— Me. Rev. Stat. tit. 4, § 807(3)(A) — 1 case
Boutet v. Miller (Me. Super. Ct 2001).
— Me. Rev. Stat. tit. 4, § 807(3)(B) — 5 cases
State v. Rupert, 169 A.3d 423 (Me. 2017).
State v. Rupert, 169 A.3d 423 (Me. 2017).
State v. Rupert, 169 A.3d 423 (Me. 2017).
State of Maine v. Benjamin J. Rupert, 2017 ME 181 (Me. 2017).
— Me. Rev. Stat. tit. 4, § 807(3)(C) — 2 cases
Mkt. Caf, Inc. v. City of Old Town (Me. Super. Ct 2001).
Hamlin v. Downeaster Motel (Me. Super. Ct 2015).
— Me. Rev. Stat. tit. 4, § 807(3)(J) — 6 cases
Carey v. Indian Rock Corp., 863 A.2d 289 (Me. 2005). “[¶ 2] Pursuant to 4 M.R.S.A. § 807(1) (Supp. 2004), “No person may practice law or profess to practice law within the State or before its courts, or demand or receive any remuneration for those services rendered in this State, unless that person has been admitted to the bar of…”
Dean v. Home Snuggers, Inc. (Me. Super. Ct 2018).
— Me. Rev. Stat. tit. 4, § 807(3)(M) — 5 cases
State of Maine v. Benjamin J. Rupert, 2017 ME 181 (Me. 2017).
State v. Rupert, 169 A.3d 423 (Me. 2017).
State v. Rupert, 169 A.3d 423 (Me. 2017).
State v. Rupert, 169 A.3d 423 (Me. 2017).
State of Maine v. Brandon Oakley McCoy, 2026 ME 41 (Me. 2026).
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