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Bar News - February 21, 2003 Kamasinski Barred From Practicing Law MERRIMACK COUNTY SUPERIOR Court Judge Edward Fitzgerald has issued an order enjoining Theodore Kamasinski from representing others in legal matters, including appearing on their behalf in NH courts, drafting legal documents or pleadings, or negotiating legal rights and responsibilities. The court's Jan. 30, 2003 order was circulated to all other state courts. Judge Fitzgerald said current appearances entered by Kamasinski should be stricken. The order is published in its entirety under News Releases. "We believe this outcome vindicates our position that the activities of Mr. Kamasinski are counter to the public interest," said NHBA President Marty Van Oot. The order arose out of litigation that was initiated by Kamasinski (see accompanying chronology), who sought a declaratory judgment from the court that his activities on behalf of others did not constitute the "unauthorized practice of law" as defined by RSA 311.7. In a cross-petition, the New Hampshire Bar Association and the NH Attorney General's Office sought to enjoin Kamasinski from appearing in court on behalf of others or providing legal representation or advice in other settings. After contesting the Bar's request for a temporary injunction, Kamasinski ignored requests and, ultimately, court orders requiring him to comply with discovery requests made by the respondents. Although he disputed the court's ability to order discovery, Kamasinski did not contest factual allegations made by the NHBA and attorney general, nor did he object to their proposed decrees despite being given repeated opportunities to do so. In newspaper interviews after the court's order was issued, Kamasinski criticized Fitzgerald and took issue with the court's orders forbidding him from conducting legal work. In particular, he said the court couldn't stop him from writing legal briefs for lawyers. "It's a ruling directed only at me which defines the practice of law in a way which would prohibit all paralegal services and any speech concerning interpretations of law," Kamasinski told the Concord Monitor. The Union Leader said Kamasinski would ignore some provisions of the order. Judge Fitzgerald's order specifically bars Kamasinski from:
Judge Fitzgerald also indicated that he would not stay the court's injunctions pending motions for reconsideration or on appeal, saying that "the interests of justice and public policy precluding the practice of law by non-attorneys [should] be strictly enforced to protect the public from the provision of legal services by other than a licensed attorney." The court said Kamasinski, by his own admission, was engaged in the unauthorized practice of law, and that "a strong public policy" exists to prevent "unqualified or unethical individuals from rendering legal services." The court rebuffed Kamasinski's contention that he was authorized to appearin court on behalf of others due to RSA 311.1, which allows "any citizen of good character" to provide representation in a specific case. Fitzgerald said the statute should not provide "a blanket exception allowing lay counsel to file appearances as a matter of course." Furthermore, the court found that evidence developed in the case showed that "Mr. Kamasinski is not of good character." The order cites a conviction of aggravated fraud and misappropriation in Austria; an attempted "circumvention" of rules regarding lay representation in the U.S. District Court of New Hampshire; and the filing of a complaint that federal District Court Judge Steven McAuliffe termed "meritless" and that also "contains a number of irrelevant and scandalous allegations that seem designed to harass rather than inform." The court also noted that Kamasinski repeatedly has failed to comply with discovery orders in the unauthorized practice of law litigation he had initiated. Van Oot thanked attorneys Joseph McDowell of Manchester and Joshua Gordon of Concord for handling the Bar's litigation against Kamasinski on a pro bono basis. "They have worked very hard on this litigation and deserve the gratitude of the Bar and all consumers of legal services for their efforts."
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