FIRST REGULAR SESSION

SENATE BILL NO. 59

92ND GENERAL ASSEMBLY


INTRODUCED BY SENATOR RUSSELL.

Pre-filed December 1, 2002, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

0210S.01I


AN ACT

To repeal supreme court rule 5.29, relating to unauthorized practice of law, and to enact in lieu thereof one new supreme court rule relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.Supreme court rule 5.29, is repealed and one new supreme court rule enacted in lieu thereof, to be known as supreme court rule 5.29, to read as follows:

RULE 5.29 UNAUTHORIZED PRACTICE OF LAW

(a)For the purpose of protecting the public, the chief disciplinary counsel shall have the power and is charged with the duty on behalf of the bar of investigating the unauthorized practice of law and of instituting and prosecuting appropriate suits, actions, or proceedings against any parties and in any forums within or without the state of Missouri for the purpose.  The chief disciplinary counsel is the authorized legal representative of the bar and shall have authority to act in the premises as fully and as effectively as though the proceedings were taken in the name of all the members of the bar of this state as a class.

(b)In any proceeding before the administrative hearing commission, any workers' compensation proceeding before the division of labor, or any employment security proceeding before the state division of employment security, an individual party may represent herself or himself or be represented by a duly authorized agent and shall be afforded the opportunity to participate in the proceeding.  Except for services provided by licensed lawyers, an individual shall not be charged fees of any kind for representation in an employment security hearing.

(c)In any proceeding before the administrative hearing commission, any workers' compensation proceeding before the division of labor, or any employment security proceeding before the state division of employment security, a corporation, partnership or other business entity authorized by law may be represented by an officer of the entity or a person in the full time employment of the entity in a managerial capacity who shall be afforded the opportunity to participate in the proceeding.






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