Court Gives ‘Jailhouse Lawyers’ Leeway to Advise Inmates

By Joan Rogers, Bloomberg BNA

A “jailhouse lawyer” didn’t engage in the unauthorized practice of law by giving fellow inmates legal advice and drafting motions for them free of charge, the Vermont Supreme Court decided earlier this month.

This holding reflects trends in the general legal landscape regarding unauthorized practice of law (UPL), along with increasing recognition of the role of jailhouse lawyers in facilitating access to justice for fellow inmates, Justice Beth Robinson said for the court.

However, the decision doesn’t say that jailhouse lawyers can charge legal fees or sign and file pleadings for other prisoners, Robinson said.

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