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Bar News - March 8, 2002 Injunction Request Turned Down THE BAR ASSOCIATION’S request for a temporary injunction barring Theodore Kamasinski from appearing in court on behalf of others was rejected by Superior Court Associate Justice Edward J. Fitzgerald, III, on Feb. 22. Fitzgerald said there isn’t sufficient evidence on the record so far to indicate that the Bar and attorney general would prevail in their attempt to prove that Kamasinski is commonly practicing law in violation of RSA 311.7. Fitzgerald said a case-by-case analysis of Kamasinski’s legal activities would be necessary. Quoting from a New Hampshire Supreme Court case involving non-lawyer John Settle, Fitzgerald said no "single factor" determines whether someone is engaged in the unauthorized practice of law. A structuring conference is set for March 8, 2002, in Merrimack County Superior Court. Kamasinski, who sought a declaratory judgment affirming that his activities in and out of court do not constitute the unauthorized practice of law, initiated the litigation. The Bar and the attorney general, which share the ability to initiate enforcement actions of RSA 311.7, were named as defendants. The defendants cross-petitioned, seeking to temporarily and permanently enjoin Kamasinski from representing others in court. Oral arguments on a temporary injunction were heard Jan. 14. The original filings in the case, 01-E-386, by Kamasinski, the Bar and the attorney general are on this site under For the Public/News Releases, along with excerpts of a ruling in another case that was the catalyst for this action: a ruling by Superior Court Associate Justice Robert J. Lynn, who disqualified Kamasinski from representing a party in a divorce action, contending that Kamasinski was violating the UPL statute. |
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