Monday, May 16, 2011

Practice of Law - Other States (Iowa)

Nonlawyers may do tax work because tax work is not necessarily the practice of law. Comm. on Prof'l Ethics & Conduct v. Mahoney, 402 N.W.2d 434, 436 (Iowa 1987). However, over thirty-five years ago we described actions this court would consider the practice of law if performed by a suspended attorney. Comm. on Prof'l Ethics & Conduct v. Toomey, 236 N.W.2d 39, 40 (Iowa 1975). The list of activities include but are not limited to “the examination of abstracts, consummation of real estate transactions, preparation of deeds, buy and sell agreements, contracts, wills and tax returns as well as any court appearance or counseling clients with regard to the same.” Id. Counseling Mangeno as to her sales tax matter is an activity that we consider as the practice of law. Thus, Netti has violated rule 32:5.5(a) by counseling Mangeno regarding her sales tax problems. Iowa Supreme Court Attorney Disciplinary Bd. v. Netti 2011 WL 1813977, 11 (Iowa) (Iowa,2011)

Bill Statsky

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