It is the opinion of this committee that the making of appearances, testifying and making final arguments before administrative judges by representatives of corporations constitutes the practice of law. It goes without saying that when an attorney undertakes to represent a corporation or an individual before an administrative body, he is practicing law. Factual disputes are resolved and legal rules and principles are applied.
Appeals go to the courts.
Practically speaking, administrative agencies perform most of the functions of courts when engaged in adjudicatory activities. Whether the Montana Supreme Court under Article VII of the 1972 Constitution or the Legislature defines what constitutes the practice of law, there is little doubt that the results would be the same. Presumably, the Supreme Court, in the exercise of the judicial power, has the ultimate authority to define what constitutes the practice of law. The complexities of administrative law call for the exercise of the professional judgment of a lawyer insofar as representation is involved. The reason for the organized profession's concern in this matter is well stated in EC 3-1.