It is unlawful for any person to practice law or to engage in the law business or in any manner whatsoever to lead others to believe that he is authorized to practice law or to engage in the law business or in any manner whatsoever to represent or designate himself as an attorney and counselor, attorney at law or lawyer unless the person so doing is regularly licensed and authorized to practice law in Guam. Any person who violates the provisions of this Section is guilty of contempt of the Superior Court and upon conviction is punishable as provided by law. On the conditions set forth in § 9A216 of this Chapter, this Section does not apply to a foreign attorney who is duly licensed and authorized to practice law in another state or territory or the District of Columbia while temporarily in Guam and engaged in a particular matter. SOURCE: GC § 28013. Formerly numbered Appendix A 7 GCA § 9106, renumbered by Compiler to § 9A106. NOTE: Must be cross-referenced with the current Rules Governing Admission to the Practice of Rules and/or the current Rules for the Discipline of Attorneys to determine whether it was repealed. See COMMENT above. CROSS-REFERENCES: See § 9A215 of this Chapter for a detailed list of what is and what is not the unlawful practice of law. Section 9215 is a later amendment to this Chapter.
§ 9A106.1 Law Clerks. (a) Definitions. As used in this section: (1) Law clerk means a person who has successfully completed at least one (1) year of full-time study in a law school accredited by the American Bar Association and who is employed by or under the direct COL070307
supervision of an attorney who is a member of the bar of the highest court of any state or territory of the United States. (2) Senior law clerk means a person described in paragraph (1) of this subsection who, in addition, has graduated from a law school accredited by the American Bar Association, but who has not yet become a member of the bar of any state or territory. (b) The actions of a law clerk or senior law clerk in performing the duties of such position as described in this section shall not be considered to constitute the unauthorized practice of law as described in § 9A106 of this Chapter. (c) A law clerk may be permitted to perform legal research and drafting of briefs, memoranda and other papers for submission to the law clerk's employer as an internal work product. All such work shall be subject to the supervision, review and approval of a licensed attorney. (d) A senior law clerk, in addition to performing the duties described in subsection (c) of this Section, may be permitted to engage in the following activities upon approval by the Presiding Judge of the Superior Court and under the direct supervision of a licensed attorney: (i) If specially designated by the Attorney General, to act individually as prosecuting attorney in the prosecution of petty misdemeanors and of minor offenses in which the accused is charged by means of a citation instead of by complaint or indictment; (ii) to appear individually on behalf of the government of Guam in Juvenile Special Proceedings in the Superior Court; (iii) to appear as an assistant to the trial counsel of record for the government of Guam at any pre-trial or trial stage of a criminal or civil trial. No appearance or participation by a senior law clerk in any pre- trial or trial proceedings shall be permitted unless the supervising trial counsel is present in court at all times during such appearance or participation. (iv) In addition to the duties authorized under paragraphs (i) through (iii) of this subsection, a senior law clerk may carry out other duties as may be permitted by the Superior Court rules. SOURCE: Added as GC § 28013.1 by P.L. 20-207:3. Formerly numbered Appendix A 7 GCA § 9106.1, renumbered by Compiler to § 9A106.1. NOTE: Must be cross-referenced with the current Rules Governing Admission to the Practice of Rules and/or the current Rules for the Discipline of Attorneys to determine whether it was repealed. See COMMENT above.
COL070307