Massachusetts General Laws

Mass. Gen. Laws ch. 221, § 41 (2026)

Unauthorized practice of law; solicitation of business; penalty

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 41. Whoever has been so removed and continues thereafter to practice law or to receive any fee for his services as an attorney at law rendered after such removal, or who holds himself out, or who represents or advertises himself as an attorney or counsellor at law, or whoever, not having been lawfully admitted to practice as an attorney at law, represents himself to be an attorney or counsellor at law, or to be lawfully qualified to practice in the courts of the commonwealth, by means of a sign, business card, letter head or otherwise, or holds himself out or represents or advertises himself as having authority or power in behalf of persons who have claims for damages to procure settlements of such claims for damages either to person or property, or whoever, not being an attorney at law, solicits or procures from any such person or his representative, either for himself or another, the management or control of any such claim, or authority to adjust or bring suit to recover for the same, or solicits for himself or another from a person accused of crime or his representative the right to defend the accused person, shall be punished for a first offence by a fine of not more than one hundred dollars or by imprisonment for not more than six months, and for a subsequent offence by a fine of not more than five hundred dollars or by imprisonment for not more than one year.

Notes of Decisions
Cited in 7 cases, 1980–2018 · leading case: Kourouvacilis v. Am. Fed'n of State, 841 N.E.2d 1273 (Mass. App. Ct. 2006).
Kourouvacilis v. Am. Fed'n of State, 841 N.E.2d 1273 (Mass. App. Ct. 2006). “Such representation in the face of the temporary disbarment resulting from the three-year suspension also would have violated G. L. c. 221, § 41, penalizing the unauthorized practice of law.”
Burnham v. Justices of the Superior Court, 792 N.E.2d 987 (Mass. 2003). “2 See also G. L. c. 221, § 41 (establishing criminal penalties for unauthorized practice of law); G.”
Joffe v. Wilson, 407 N.E.2d 342 (Mass. 1980). “The effect of the testimony of the witness Kalicka was that the arrangement made by Wilson did not offend the ethical standards applicable to accountants, although it would have been preferable for Wilson to have recommended one or more attorneys to the client, and left it to…”
Town of Lancaster v. Foley, 15 Mass. App. Ct. 967 (Mass. App. Ct. 1983). “On the present record, there is no occasion to consider whether there was any violation of G. L. c. 221, § 41. Cf. Pupecki v. James Madison Corp.”
Robertson v. Town of Plymouth, 468 N.E.2d 1090 (Mass. App. Ct. 1984). “G. L. c. 221, § 41. See generally 14 Williston, Contracts § 1715 (3d ed.”
Chimko v. Lucas (In re Lucas), 317 B.R. 195 (D. Mass. 2004). “Mass. Gen. Laws ch. 221, § 41 (including “[wjhoever .”
Tanios v. Dep't of Transitional Assistance, 104 N.E.3d 685 (Mass. App. Ct. 2018). “2 See G. L. c. 221, § 41 (criminal penalties for unauthorized practice of law); G.”
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