The following response is of a very general nature and not in reply to any specific inquiry. No fiduciary or attorney-client relationship is intended or created. Anyone interested in the subject of UPL, for their own unique reasons, should contact an attorney licensed to practice law in the State where the inquiring party or person resides or works.
Your question has stumped many courts and many Bar Associations because
UPL actions present a mixed question of law and fact. Virtually every UPL court opinion begins with the caveat that there are no hard and fast rules. There are, at best, "factors" to be considered, evaluated, and weighed.
No one, not licensed as an attorney, may provide "Legal Advice" in response to a particular inquiry from a particular person (or company) regarding their own particular matter.
Prohibited advice must be "legal" in nature and not, generally, within the purview of a layman who has not attended law school and passed the Bar Exam. Even the most basic advice [and regardless of how well known the subject is to the common man (or woman)] can constitute UPL.
For example, and depending on the state UPL rules in question, a corporate officer who is not a licensed attorney, may be prohibited from drafting or modifying even the simplest Articles of Incorporation (or from modifying a short form promissory note for sale at Office Depot). And the scope of prohibited activities is so vast that any material involvement with a legal instrument or, for that matter, a court case might be construed to constitute the Unlicensed Practice of Law.
The stakes are exceedingly high. In many States, UPL is a crime- in several a felony punishable by fine and imprisonment. There are, however, limited exceptions. For example, a corporation might be able to represent itself in small-claims court, but not- in an overly broad manner- in a higher court. Of Constitutional dimension, individuals may represent their own interests in court "pro se" (i.e. Latin "for themselves").
UPL applies both to "legal" matters of a civil nature and those of a criminal nature. If, for example, a policeman (or woman) was to draft or modify a form of search warrant (not necessarily the affidavit in support of the warrant), an argument might be made that the policeman (or woman) was engaging in UPL. But again, each circumstance is fact-specific and no sweeping generalizations are appropriate. A generic lecture by an unlicensed person on a legal topic (a professor of a college business course comes to mind)- which does not target existing clients (individually or as a group) or their particular dispute(s)- may be permissible. Furthermore, a non-lawyer (such as a paralegal or legal assistant) may be able to draft legal documents provided they are vetted and proofed by a supervising member of the Bar.
The following case (with quotations) is frequently cited by many State Bars and Courts grappling with UPL:
The Florida Bar v. Sperry, 140 So. 2d 587 (Fla. 1962):
+ A precise definition of the practice of law is virtually impossible.
+ A definition of the Unlicensed Practice of Law will not be found in a dictionary
+ Specific examples of UPL may be found in case law
+ ". . .if the giving of [the] advice and performance of [the] services affect important rights of a person under the law, and if the reasonable protection of the rights and property of those advised and served requires that the persons giving such advice possess legal skill and a knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitute the practice of law."
