Even in the absence of applicable statutes, state courts have held themselves empowered to promulgate and enforce standards of professional conduct drawn from the common law and the closely related prohibitions of the Canons of Ethics.

One who, for a fee, contingent or otherwise, advises others as to the legal rights, the method to be pursued, the forum to be selected and the practice to be followed for the enforcement of such rights, is engaged in the practice of law.

—organizations making services of attorneys available to subscribers "have been held to be engaged in the `purchase and sale of legal services'... and thus illegally practicing law where the control of the attorneys rested with the organizations rather than with the subscribers who were the true clients

The degree of interposition and the facts of each individual case play a role in determining whether an inappropriate intermediary relationship exists—that is, one in which the intermediary, because of the degree of its control over the attorney, is itself deemed to be engaged in the unauthorized practice of law.

Where the defendant automobile service club charged its members fees and in consideration of these fees agreed to furnish legal counsel free of charge the practice was enjoined on the theory that one who cannot practice law himself cannot employ an agent to do it for him and that the club was engaged in selling legal advice and assistance.

—case that members were at liberty to employ attorneys other than those listed (although urged to employ those on the list), and that when an attorney was retained by a member the Maclub knew nothing of it until the bill for services was presented by the attorney for the member, and did not take any part in the management of the case.

—an auto club was held to be unlawfully practicing law although a practically unlimited choice of attorneys was given the member.

Such an evasion of the law by unlicensed individuals or corporations, if permitted, would be to render the laws of no effect.

Fearful of dangers thought to arise from that element, the courts of several States have sustained regulations aimed at these activities