The Hawaii State Bar Association is pushing for a new proposal that would clarify who is authorized to practice law, but it has drawn opposition from the attorney general and at least one business that helps people fill out legal forms.

Bar association officials say a definition of the unauthorized practice of law is needed to help enforce the state law that makes the practicing of law without authorization a misdemeanor. It would also help protect the public from bad advice that could jeopardize their rights and cost money to correct, they say.

Jeffrey Sia, last year's bar president, who is handling the issue, said the association came up with the new proposal after working with professional groups representing real estate agents and others who criticized last year's initial proposal.

He said the new proposal tightens the definition of the unauthorized practice of law and includes a longer list of exemptions.

“;I think overall the board (of directors of the association) was satisfied with the final product that we submitted to the court,”; he said. “;We're still hopeful that the court will promulgate some form of the rule.”;

But Attorney General Mark Bennett objected, saying the list of exemptions is overly broad and ambiguous.

And Betty Marais, who runs Legal-Ez, said her business will be hampered by the provision that still prohibits “;selecting, drafting, or completing documents that affect the legal rights of another person or entity.”;

The Hawaii Supreme Court announced the proposal on Thursday and set April 27 as the deadline for comments.

The bar association has been pushing to help clarify a state law that punishes the unauthorized practice of law by up to a year in jail and a fine of up to $2,000.

The bar association resubmitted the proposal after a draft raised an outcry last year from real estate agents, insurance companies, paralegals and others who claimed it would essentially outlaw the services they provide clients.

Sia has maintained that the reason for the proposal is not greed among lawyers to guard their turf, but the protection of the public.

Sia said the association worked hard in getting input from groups concerned about the definitions and went through numerous drafts before coming up with the new proposal.

In a letter to the association, Bennett said he cannot support the proposal. He said state lawmakers refrained from defining the unauthorized practice of law because any attempt would be “;fruitless because of new developments in society, whether legislative, social, or scientific in nature, continually create new concepts and new legal problems.”;

Bennett suggested that the exemptions are so ambiguous that the enforcement of the state law would be “;extremely difficult.”;

Sia said he was “;somewhat surprised”; by Bennett's position but understands his concerns. He said he does not know whether the objections will kill the proposal because it will be up to the high court justices to make the decision.

Marais said her only objection to the proposal is the “;selecting, drafting”; provision.

“;People have a right to represent themselves. They have a right to find someone to assist them in preparing documents,”; she said. “;It's a service.”;