General provisions

(a) In determining whether particular conduct involves the unauthorized practice of law, Bar Counsel, the Committee and the Court shall be guided by the following principles: (1) The Court’s rules regarding the authorized practice of law. (2) The core element of practicing law is the giving of legal advice to a client. Factors to be applied in determining between legal and non-legal advice include: (A) the specificity of the advice; (B) the likelihood that the advice will be erroneous; and (C) the degree of harm to the recipient if the advice is erroneous. (3) Any activity which calls for the exercise of discretion, such as interviewing or advising another about the legal effect of certain choices, involves the practice of law. (4) Receiving money for drafting documents or performing other services involv- ing legal matters constitutes the practice of law. (5) Holding one’s self out as qualified to assist others in legal matters constitutes the practice of law. (6) The reason for restricting the practice of law to lawyers is to protect the public. (7) In the absence of case law in Wyoming, deference should be given to the weight of authority from other jurisdictions. (b) All civil injunction proceedings and civil contempt proceedings filed in the Supreme Court under Rule 6 and Rule 8, including proceedings before the Committee, shall be public proceedings, unless otherwise ordered by the Court. (c) Except as otherwise provided by these rules or by order of the Court, all investigations conducted under Rule 5 prior to the filing of a petition for injunctive relief with the Court shall be held confidential by Bar Counsel, subject to the need to disclose such information as necessary for Bar Counsel to conduct the appropriate investigation. (d) Notwithstanding the provisions of paragraph (c), Bar Counsel may disclose the pendency, subject matter, and status of proceedings conducted under these Rules to the following: (1) an entity authorized to investigate the qualifications of persons for admission to practice law; (2) an entity authorized to investigate the qualifications of judicial candidates; (3) a lawyer discipline enforcement agency; (4) any person or agency requesting such information, if the respondent has waived confidentiality and the request is within the scope of the waiver; (5) an agency authorized to investigate violations of the criminal laws, other civil laws prohibiting the unauthorized practice of law, or the consumer protection laws of Wyoming, any other state, or the United States; and (6) any person or agency, once a petition for injunctive relief or contempt proceeding has been filed with the Court. (e) In the absence of a Court order to the contrary, any fine imposed against a respondent under these rules shall be paid to the Wyoming State Bar’s Clients’ Security Fund. (f) Records of proceedings pertaining to the unauthorized practice of law shall be maintained as follows: (1) If the complaint was dismissed, the paper file may be destroyed three (3) years after the dismissal. The complaint, the respondent’s response, and any other public records shall be scanned and electronically saved indefinitely. (2) If a consent agreement was reached with the respondent, the complaint, the response, the petition, the answer, if any, the agreement, all orders, and any other Page: 10 Job Path: @psc3913/cville_data2/stcodes/wy/rls-supp/qj02693.30 Date: 03/02/16 Time: 15:3:28 0000 49961-27 WY -- PROOF