OMAHA, Neb. (KMTV) – Omaha Tenants United is appealing allegations of practicing law without a license after sending demand letter to landlords on behalf of tenants.
- Omaha Tenants United is appealing the claim of unauthorized practice of law.
- The claim comes after sending demand letters to landlord on behalf of tenants.
- Creighton Law Professor Kendra Freshee says a group of people asking for someone to follow the law is not unauthorized practice of law.
BROADCAST TRANSCRIPT:
For the last few years, Omaha tenants United grown in Omaha. It's a group comprised of tenants from various buildings. They tell me their goal is to make sure concerns about maintenance and rent are addressed. That includes sending letters to landlords.
Seth Cope, co-founder of OUT sent letters to KMTV. They're from the Nebraska Commission on Unauthorized Law Practice, and demand the organization stop representing tenants.
Cope believes it's an intimidation tactic.
“The landlord lobby is attempting to scare us into signing away not only OTU as an organization but the right to every renter in Nebraska for organize and fight back against their landlord,” he said.
They're going to fight the allegation.
Now here is what to know about the commission. It's made up of attorneys from around the state. And like the name said, they make sure nobody is pretending to be a lawyer and taking people's money.
But OTU was adamant with KMTV that it doesn’t do that. The letters cite landlord tenant law... But they don't claim to be from a lawyer.
I even talked with a legal expert from Creighton’s law school, Kendra Freshee, who told MTV this doesn't appear to fit the description.
“The unauthorized practice of law is very specifically limited not to reach into people abilities to protect themselves if they feel like the law is not being followed by someone to their disadvantage, UPL is meant to keep people from being taken advantage of by people who pretend to be lawyers,” Freshee said.
A group of people asking someone to follow the law is not practicing without a license.
It's also important to note, KMTV contacted the chairperson of this commission, who told KMTV over the phone that he had no comment about what's happening.
KMTV got the same response when we tried to ask questions of a member of the commission who, according to court records, represents one of the city's largest landlords.
As for what happens next, cope says after the appeal, if the commission maintains the organization is practicing unauthorized practice of law, they are prepared to take it to the Nebraska Supreme Court
