Unauthorized practice of law

1. Law
2. US Virgin Islands Code
3. Judiciary
4. Attorneys at Law; Law Libraries
5. Unauthorized practice of law

• (a) Definition

  • Except as otherwise provided by law or rule of the Supreme Court, and excepting court personnel acting in the performance of their court duties, the unauthorized practice of law shall be deemed to mean the doing of any act by a person who is not a member in good standing of the Virgin Islands Bar Association for another person usually done by attorneys-at-law in the course of their profession, and shall include but not be limited to: the appearance, acting as the attorney-at-law, or representative of another person, firm or corporation, before any court, referee, department, commission, board, judicial person or body authorized or constituted by law to determine any question of law or fact or to exercise any judicial power, or the preparation and/or filing of pleadings or other legal papers incident to any action or other proceeding of any kind before or to be brought before the same.

• (b) Action for injunction

  • (1) Upon his own information or upon complaint of any person, including any judge or the Virgin Islands Bar Association, the Attorney General may maintain an action for injunctive relief in the Superior Court of the Virgin Islands against any person who renders, offers to render or holds himself out as rendering any service which constitutes the unauthorized practice of law. The Virgin Islands Bar Association may intervene in the action, at any stage of the proceeding for good cause shown.

  • (2) In addition to or in lieu of the remedy provided in paragraph (1) of this subsection, the Court may, in its discretion, impose upon any person a fine not exceeding $500.00 for each such violation.

  • (3) The action for injunctive relief may also be maintained by the Virgin Islands Bar Association.

• (c) Investigations by Attorney General

  • (1) The Attorney General may investigate any complaint of unauthorized practice of the law and he or an officer designated by him may subpoena witnesses, compel their attendance, examine them under oath, and require the production of any relevant documentary evidence.

  • (2) The laws relating to the attendance of witnesses in civil actions and the payment of fees and expenses to those witnesses shall apply to investigations made by the Attorney General under this subsection.

  • (3) If a person fails or refuses to obey a subpoena or to testify as to any material matter regarding which he may be interrogated, the Superior Court, upon application by the Attorney General, may issue to the person an order requiring him to appear before the Attorney General, or the officer designated by him, to produce documentary evidence, or testify. Failure to obey the order of the court may be punished by the court as a contempt of court.

  • (4) When requested, public officers, their deputies, assistants, subordinates, clerks or employees, shall furnish to the Attorney General or his designee all information and assistance so requested.

  • (5) Investigations under this subsection shall be confidential. Any person participating in the investigation who, except as required in the discharge of his official duties, discloses to any person other than to a person under investigation, the name of any person under investigation or of any witness examined, or any other information obtained in the investigation shall be subject to suspension, dismissal or demotion in accordance with the provisions of chapter 25 of Title 3, Virgin Islands Code, and shall be afforded no privilege or immunity from liability in any civil action which may arise out of such disclosure.

  • (6) Every person whose conduct is investigated under this section shall be furnished with a written specification of the issues which are to be considered, and shall be given an opportunity to present evidence and be heard upon the specified issues.

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