Auerbacher v. Wood.
| Decision Date | 02 July 1948 |
| Docket Number | No. 238.,238. |
| Citation | 59 A.2d 863 |
| Parties | AUERBACHER et al. v. WOOD. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Court of Chancery.
Suit by Louis Auerbacher, Jr., and others, constituting the Essex County Bar Association, against Charles A. Wood, to enjoin the alleged unlawful practice of law by the defendant. From a decree dismissing the bill of complaint, 139 N.J.Eq. 599, 53 A.2d 800, the complainants appeal.
Affirmed.
G. W. C. McCarter, of Newark, for appellants.
Saul Tischler, of Newark, for respondent.
We concur in the dismissal of the bill of complaint and, generally, in the reasoning of the learned Vice Chancellor. There is no proof that defendant intends to engage in the practice of law in New Jersey.
Defendant simply made known, by circular and newspaper advertisement, his ‘availability’ to employers for ‘such guidance as is necessary or desirable in the use of industrial relations and collective bargaining techniques, with particular attention to immediate needs and future requirements,’ and his willingness ‘to collaborate with members of the legal profession’ and to accept ‘forwarded matters on a referral basis.’
Thus, defendant announced his intention to practice the profession of a consultant in industrial relations and personnel management; and where the use of such practitioner's knowledge of the law, whether he be a trained lawyer or layman, is but an incident of the practice of this calling, he is not engaged in the practice of law within the intendment of regulations forbidding that pursuit to those not duly licensed.
What constitutes the practice of law does not lend itself to precise and all-inclusive definition. There is no definite formula which automatically classifies every case. The field of industrial relations, while it overlaps the law in some areas, like other professions and businesses, is yet in its major aspects and objectives separate and distinct from the practice of the law and is not in essence of the domain for reasons of policy assigned to the practitioner of the law. The contentions and problems growing out of the industrial relation and personnel administration involve in the main sociological, economic and public relation factors and administrative policies, procedures and practices wholly unrelated to the practice of law. This has become a specialty, due to the intricacies of labor-management relations in a complex society; and...
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West Virginia State Bar v. Earley
...ex rel. Johnson v. Childe, 147 Neb. 527, 23 N.W.2d 720; State ex rel. Johnson v. Childe, 139 Neb. 91, 295 N.W. 381; Auerbacher v. Wood, 142 N.J.Eq. 484, 59 A.2d 863; Shortz v. Farrell, 327 Pa. 81, 193 A. 20. It is clear, however, that a licensed attorney at law in the practice of his profes......
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Sperry v. State of Florida the Florida Bar
...(Treasury and Tex Court) (by implication); Auerbacher v. Wood, 139 N.J.Eq. 599, 604, 53 A.2d 800, 803 (1947), aff'd, 142 N.J.Eq. 484, 59 A.2d 863 (1948) (N.L.R.B.); De Pass v. B. Harris Wool Co., 346 Mo. 1038, 144 S.W.2d 146 (1940) (I.C.C.); Blair v. Motor Carriers Service Bureau, Inc., 40 ......
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State v. Rogers
...Bar Ass'n v. Northern New Jersey Mortgage Associates, 32 N.J. 430, 437, 161 A.2d 257 (1960) (quoting in part Auerbacher v. Wood, 142 N.J. Eq. 484, 485, 59 A.2d 863 (E. & A.1948)). Hence, the practice of law is not "limited to the conduct of cases in court but is engaged in whenever and wher......
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Petition of Soto
...1112 supplemented 94 N.J. 449, 467 A.2d 577 (1983); Auerbacher v. Wood, 139 N.J.Eq. 599, 53 A.2d 800 (Ch.1947), aff'd 142 N.J.Eq. 484, 485, 59 A.2d 863 (E. & A.1948) (what constitutes the practice of law does not always lend itself to a precise description). As stated in Rhode Island Bar As......