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Linder v. Insurance Claims Consultants2/25/2002
Court of Hawaii found that its criminal statutes prohibiting the unauthorized practice of law, while providing remedies such as declaratory and injunctive relief, as well as criminal sanctions, did not create a private claim for damages. Reliable Collection Agency, Ltd. v. Cole, 584 P.2d 107 (Haw. 1978). We adopt that reasoning and hold there is no private right of action in South Carolina for the unauthorized practice of law.
CONCLUSION
In sum, we declare that the business activities of first-party public adjusters do not constitute the practice of law, subject to the restrictions outlined in this opinion. However, because respondents did engage in acts which we now have announced are prohibited, we direct the circuit court in the underlying action to determine the value of respondents' authorized work. Finally, we hold there is no private right of action for the unauthorized practice of law.
JUDGMENT DECLARED.
MOORE and BURNETT, JJ., concur.
PLEICONES, J., dissenting in part in a separate opinion in which TOAL, C.J., concurs.
JUSTICE PLEICONES
I agree with the majority that the contract between the Linders and ICC is not void, and that there is no private cause of action for the unauthorized practice of law. Unlike the majority, however, I would permit licensed public adjusters to interpret insurance contracts to the extent necessary to adjust their clients claim, to negotiate coverage disputes, and to advise their clients whether to accept settlement offers. Public adjusters are hired for their expertise in the handling of insurance claims, and I would permit them to use their specialized knowledge in aid of their clients' claims. Compare In re The Unauthorized Practice of Law Rules, 309 S.C. 304, 422 S.E.2d 123 (1992)(CPAs do not engage in the unauthorized practice of law when practicing in their area of expertise.)
For example, the majority concludes that ICC engaged in the unauthorized practice of law when it assisted the Linders in recovering the full value of their gun collection. I would not deny the Linders the benefit of the very expertise which led them to hire ICC in the first place, nor would I require ICC to remain silent when it perceived a coverage issue not apparent to the client. I would, however, require the public adjuster to refrain from advising the client at the point where the insurance company involves an attorney in the matter or when the legal process is invoked.
For the reasons given above, I join parts 3 and 4 of the majority opinion, but dissent in part from parts 1 and 2. I would find that ICC did not engage in the unauthorized practice of law. TOAL, C.J., concurs.
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