Many states have faced the issue of a proposed law that would help businesses that attorneys consider to be providing advice or services that constitute Unauthorized Practice of Law (UPL). Louisiana recently faced such a situation regarding debt counseling businesses.

The Louisiana House of Representatives introduced a bill that "sought to repeal existing regulation of the industry, and opened the door to debt counselors in such a way that caused members to be concerned with the unauthorized practice of law," said Shawn Holahan, Louisiana State Bar Association practice management counsel and legislative liaison.

One of their concerns was about counselors giving advice to consumers on how they could break various contracts they had with creditors, Holahan said.

"I could see this bill was going to be problematic, and wanted to get out in front of it."

Prior to LSBA's taking an official position on the bill, Holahan reached out to the NABE Governmental Relations Section Listserv, to see if any of her colleagues had faced similar legislation and had any suggestions for her.

As with past requests for information, Holahan found a number of NABE members who were willing to provide useful information to her. "The responses were quick and relevant."

The bill appeared to be on a legislative fast track, and had already passed one committee before the LSBA formalized its opposition to it. Using information from the Listserv, combined with other research, the LSBA formally opposed the bill and provided talking points to House members. The House postponed consideration of the bill several times.

By the time the measure came to a floor debate and vote, opposition had been strongly built. The measure lost in the House by 70-18, according to the Legislature's website.

Holahan credits the Listserv as one factor that helped LSBA publicize its opposition to the bill. She has relied on it for help with other issues as well. "It's a wonderful repository of great information."