This section contains the nature of the case and procedural background.

In October 2014, four people were arrested. They were among many people who had been advised by D that they could take up residence in apparently abandoned foreclosed homes and, by changing the locks, moving in, improving the properties, and filing a variety of papers with the recorder’s office, acquire title through adverse possession. D charged $7,000-$8,000 for his advice and assistance in adversely possessing homes. His clients also spent thousands of dollars repairing and improving the properties. D was charged with theft and the unlawful practice of law. D did not dispute that he gave his clients advice on homesteading, adverse possession, and talking with police who might challenge his clients’ right to be in the homes, and that he offered assistance in completing documents to be filed with the county recorder’s office. D testified that he never held himself out to be a lawyer. Both sides offered expert testimony from law professors. Professor Boerner testified at length about the meaning of “practice of law.” Professor Silverman testified at length on adverse possession, foreclosure, and this court’s opinion in Bain v. Metropolitan Mortgage Group, Inc. D moved to dismiss the unlawful practice of law charge. D proposed instructions that would have required the State to establish he “unlawfully and knowingly practiced law, or held himself out as entitled to practice law.” The jury was instructed that “a person commits the crime of Unlawful Practice of Law when, not being an active member of the State Bar, he practices law.” The jury was also told that the “practice of law” means the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person(s), which requires the knowledge and skill of a person trained in law. This includes giving advice or counsel to others as to their legal rights or the legal rights or responsibilities of others for fees or other consideration. It also includes the selection, drafting, or completion of legal documents or agreements that affect the legal rights of an entity or person(s). There was no requirement that the jury find that D knowingly practiced law. The jury acquitted D of the theft and theft-related charges. D was found guilty of the unlawful practice of law charge. The Court of Appeals affirmed. D appealed.

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