Wyo. UPL R. 11

(a) In determining whether particular conduct involves the unauthorized practice of

law, Bar Counsel, the Committee and the Court shall be guided by the following

principles:

(1) The Court’s rules regarding the authorized practice of law.

(2) The core element of practicing law is the giving of legal advice to a client.

Factors to be applied in determining between legal and non-legal advice include:

(A) the specificity of the advice;

(B) the likelihood that the advice will be erroneous; and

(C) the degree of harm to the recipient if the advice is erroneous.

(3) Any activity which calls for the exercise of discretion, such as interviewing or

advising another about the legal effect of certain choices, involves the practice of

law.

(4) Receiving money for drafting documents or performing other services involving legal matters constitutes the practice of law.

(5) Holding one’s self out as qualified to assist others in legal matters constitutes

the practice of law.

(6) The reason for restricting the practice of law to lawyers is to protect the

public.

(7) In the absence of case law in Wyoming, deference should be given to the

weight of authority from other jurisdictions.

(b) All civil injunction proceedings and civil contempt proceedings filed in the

Supreme Court under Rule 6 and Rule 8, including proceedings before the Committee,

shall be public proceedings, unless otherwise ordered by the Court.

(c) Except as otherwise provided by these rules or by order of the Court, all

investigations conducted under Rule 5 prior to the filing of a petition for injunctive

relief with the Court shall be held confidential by Bar Counsel, subject to the need to

disclose such information as necessary for Bar Counsel to conduct the appropriate

investigation.

(d) Notwithstanding the provisions of paragraph (c), Bar Counsel may disclose the

pendency, subject matter, and status of proceedings conducted under these Rules to the

following:

(1) an entity authorized to investigate the qualifications of persons for admission

to practice law;

(2) an entity authorized to investigate the qualifications of judicial candidates;

(3) a lawyer discipline enforcement agency;

(4) any person or agency requesting such information, if the respondent has

waived confidentiality and the request is within the scope of the waiver;

(5) an agency authorized to investigate violations of the criminal laws, other civil

laws prohibiting the unauthorized practice of law, or the consumer protection laws

of Wyoming, any other state, or the United States; and

(6) any person or agency, once a petition for injunctive relief or contempt

proceeding has been filed with the Court.

(e) In the absence of a Court order to the contrary, any fine imposed against a

respondent under these rules shall be paid to the Wyoming State Bar’s Clients’ Security

Fund.

(f) Records of proceedings pertaining to the unauthorized practice of law shall be

maintained as follows:

(1) If the complaint was dismissed, the paper file may be destroyed three (3)

years after the dismissal. The complaint, the respondent’s response, and any other

public records shall be scanned and electronically saved indefinitely.

(2) If a consent agreement was reached with the respondent, the complaint, the

response, the petition, the answer, if any, the agreement, all orders, and any other

public records shall be maintained in paper form for three (3) years and, thereafter,

scanned and electronically saved indefinitely.

(3) If a petition is filed with the Court for injunctive relief or civil contempt

proceedings, the petition, the respondent’s answer, all orders, and any other public

records shall be maintained in paper form for three (3) years and, thereafter,

scanned and electronically saved indefinitely.

(g) These Rules should be cited as the ‘‘Rules of Procedure Governing Unauthorized

Practice of Law Proceedings.’’