Legal Question in Personal Injury in Colorado

I own a business that settles personal injury claims for individuals in Colorado. I am not an attorney. All my paperwork and communications with clients expressly state that I am not an attorney, will not provide legal advise or file legal documents on their behalf. Former Deputy Director of Licensing for the Colorado Dept of State, Andrew Whitfield advised there was no statute that addresses such a service and he knew of no special licensing needed.

Subsequently, I was informed by a personal injury attorney in Colorado that what I'm doing could be construed as practicing law without a license. I don't believe this is true.

Is what I am doing considered practicing law without a license in Colorado?

Asked on 1/07/16, 6:11 pm

1 Answer from Attorneys

Stephen Harkess Colorado Legal Solutions

The devil is in the details. If you are found to be giving legal advice, then you have an issue with unauthorized practice of law. However, the difference between legal advice and business or procedural advice is a grey area. Just because you say you won't give legal advice doesn't mean that you aren't doing so. You likely won't get a definitive answer unless you successfully defend a charge of unauthorized practice of law. Your best bet in the meantime is to carefully review your documents and procedures with an attorney and do your bet to position your business to be able to defend against accusations that you are practicing law without a license.

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Answered on 1/07/16, 7:18 pm

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