(concurring in part and dissenting in part). I concur in the per curiam opinion to the extent that it vacates defendant’s convictions for criminal contempt and affirms the judgment of civil contempt. I agree also that defendant is not engaged in the unauthorized practice of law when selling legal forms or "divorce kits”. I do not agree with the per curiam opinion, however, to the extent that it prohibits defendant from assisting individuals in the preparation of these forms or rendering other advice peculiar to the dissolution of a specific marriage. That prohibition is unsound and counterproductive. Defendant’s customers will go to court less prepared than they are at present.
There are sound policy reasons for allowing defendant to continue her business of assisting those who desire her services in helping them obtain a non-contested, no-fault divorce.
I share the conviction that one of the reasons for *141Michigan’s enactment of the no-fault divorce statute was the recognition that
"the whole divorce proceeding was not only slow, humiliating and costly, but often ignored the basic issue of whether the marriage had broken down to the point where all hope of reconciliation was gone. In addition to noticing these defects in the old law which could be ameliorated by a no-fault divorce law, proponents of the reform stressed the right of parties to a marriage beyond repair to obtain their freedom as quickly and efficiently as possible.” Lee, Divorce Law Reform In Michigan, 5 J L Reform 409, 416 (1972).
There is no doubt that the cost of an attorney prevents some people from obtaining a divorce. I am convinced that many people who seek divorces cannot afford, or think they cannot afford, the services of a lawyer. They separate from their spouses without obtaining a divorce and later enter into relationships which cannot be solemnized, frequently with serious economic and other consequences.
It is no answer to this problem to point to the existence of publicly funded legal services programs for those unable to afford a lawyer. Those programs are simply unable to handle the numbers of persons seeking divorces in any reasonable period of time. There are many also who would not qualify for the services of these legal aid agencies, but who still are unable to afford the services of an attorney to obtain a divorce.
"Legal aid services are tremendously overburdened and must turn away thousands of divorce clients each year to meet their professional obligations to the clients they do represent. * * * Furthermore, the existing legal services are reluctant to take divorce cases, reasoning that divorce is not a right but a privilege, and that *142other legal problems are more pressing.” Note, Justice For The Poor? A Look At The Right To Counsel For Indigents In Divorce Litigation, 22 NYLS L Rev 87, 97 (1976).
As the United States Supreme Court observed in Boddie v Connecticut, 401 US 371, 376-377; 91 S Ct 780; 28 L Ed 2d 113 (1971):
"[W]e know of no instance where two consenting adults may divorce and mutually liberate themselves from the constraints of legal obligations that go with marriage, and more fundamentally the prohibition against remarriage, without invoking the State’s judicial machinery.
"Resort to judicial process by these plaintiffs is no more voluntary in a realistic sense than that of a defendant called upon to defend his interests in court. For both groups this process is not only the paramount dispute-settlement technique, but, in fact, the only available one.”
In many instances, if the choice is between being required to hire an attorney to obtain a divorce in the only possible forum — a court — and not obtaining the divorce at all, the "choice” is illusory. The information provided by defendant enables those persons another choice — that of assistance in processing their own divorces. It is apparent from the number of people utilizing her services that such a need exists.
Persons seeking a divorce who can afford a lawyer will continue to hire one. Lawyers perform important services beyond merely filling out and filing the necessary papers. Lawyers experienced in divorce work develop an expertise regarding property settlements, child custody and alimony *143awards; that expertise will continue to be purchased by those who can afford it.
In Johnson v Avery, 393 US 483; 89 S Ct 747; 21 L Ed 2d 718 (1969), the United States Supreme Court struck down a regulation forbidding inmates from assisting other inmates in the preparation of writs or other legal matters. The observations of Mr. Justice Douglas, concurring, are apropos of the case at bar:
"There are not enough lawyers to manage or supervise all of these affairs; and much of the basic work done requires no special legal talent. Yet there is a closed-shop philosophy in the legal profession that cuts down drastically active roles for laymen. * * *
"That traditional closed-shop attitude is utterly out of place in the modern world where claims pile high and much of the work of tracing and pursuing them requires the patience and wisdom of a layman rather than the legal skills of a member of the bar.
"Laymen — in and out of prison — should be allowed to act as 'next friend’ to any person in the preparation of any paper or document or claim, so long as he does not hold himself out as practicing law or as being a member of the Bar.” 393 US at 491-492, 498.
I would vacate the injunction.
Levin, J., concurred with Kavanagh, C. J. Levin, J.Four categories of service are provided by Virginia Cramer1 to her clients:2
*144A. Furnishing legal forms;
B. Preparing the forms, and assisting in filing and serving them;
C. Exercising a judgment whether, because there are issues of child custody, child support, alimony or property settlement, the client should be counseled to seek the assistance of a lawyer; and
D. Counseling the client regarding self-representation in court — what to expect and how to present the necessary proofs.
We all agree that furnishing legal forms ("divorce kits”) does not constitute the practice of law. We disagree regarding the other services provided by Cramer.
The Court affirms the permanent injunction, entered by the circuit judge, barring Cramer from providing advice, counseling and services to persons seeking to obtain a divorce.
I have signed the Chief Justice’s opinion which expresses our view that providing these services should not be enjoined.
I write separately to emphasize my views that
—preparation and filing of standardized papers to obtain an uncontested no-fault divorce where there are no issues of child custody, child support, alimony or property settlement does not require the professional judgment of a lawyer, and therefore does not constitute the practice of law;3
—while it is unclear where the line should be drawn between those cases where a lay advocate may readily assist persons who wish to exercise their constitutional right of self-representation and cases where the client should be encouraged to *145obtain the services of a lawyer, it has not been demonstrated that once the relevant criteria are determined and the standard established, case-by-case application requires oversight by a member of the legal profession;
—the organized bar, which has not made available the minimal counseling which would enable a person to exercise his right of self-representation, cannot be heard to say that this service which it does not provide is the practice of law; and
—the Legislature should address the issue of securing to the people their constitutional right of self-representation as part of the larger problem of providing legal services for persons of moderate circumstances.
I
A
Many of the forms provided by Cramer are widely available. The complaint, default, affidavit of default and default judgment of divorce were modeled on the forms printed in Honigman & Hawkins, Michigan Court Rules Annotated, Forms. Other forms provided are available from the clerk of the court or the friend of the court. The entire kit was prepared under the supervision of lawyers.
Legal forms, for a variety of purposes, have for many years been sold or made available without charge by stationers, legal newspapers, abstract and title companies, real estate boards, banks, and insurance companies.
There is far less risk of harm to the public resulting from misuse of a "divorce kit” than from misuse of form deeds of conveyance, land con*146tracts, business or residential property leases, inter vivos trusts or wills.
If a complaint for divorce is improperly filed, a judge has an opportunity to notice the defect and it can either be remedied or a new complaint filed. When an error is discovered in other legal forms, indiscriminately available to the public, it is often too late to correct the mistake.
B
Cramer uses an initial interview form in eliciting the information required to prepare an adequate and factually accurate complaint.4 She selects the appropriate forms and they are prepared for the client’s signature.
At the second interview, a week later, the client signs and verifies the complaint, and is told how to file and serve the papers, and is given an opportunity to have these services performed by Cramer for a nominal fee.5
Cramer monitors the court dockets to determine when the papers are filed and, following the expiration of 20 days after service, advises the client to appear for a third interview to sign an affidavit of default.
The task of defining the "practice of law” has been confided to the Court.6 "[I]t is left to the *147courts of this State as well as those of most other States, to define the 'practice of law.’ ” Ingham County Bar Association v Walter Neller Co, 342 Mich 214, 221; 69 NW2d 713 (1955).
It has been authoritatively stated that "[functionally, the practice of law relates to the rendition of services for others that call for the professional judgment of a lawyer. The essence of the professional judgment of the lawyer is his educated ability to relate the general body and philosophy of law to a specific legal problem of a client”.7
Under the former practice, when it was necessary to state grounds for divorce, professional judgment was generally required in the preparation of a complaint for divorce. Under no fault there is only one ground, "breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved”. The statute provides that the complaint "shall make no other explanation of the grounds for divorce than by the use of the statutory language”.8
Acts which once constituted the practice of law now no longer require professional skill or judgment. The "reason” it is "extremely difficult to formulate an accurate definition of the 'practice of law’ which might endure” is "that under our system of jurisprudence such practice must necessarily change with the everchanging business and social order”. Grand Rapids Bar Association v Denkema, 290 Mich 56, 64; 287 NW 377 (1939).
*148The preface to the revised edition of The Attorney’s Desk Book9 states:
"An attorney can record a deed on behalf of a client, but so can non-legal personnel. The same non-legal personnel can secure from a client routine facts with the assistance of an interview form, thus freeing the attorney for necessary legal work which must be done by him alone and, in addition, with lesser financial burden to the client for services rendered at no financial loss to the attorney.”
It is stultifying to suggest that the routine activities of conducting interviews, preparing and filing the stylized complaint and associated documents for a no-fault divorce require the professional judgment of a lawyer, "his educated ability to relate the general body and philosophy of law” to these tasks.
Interviewing, preparing, filing and monitoring are performed in many law offices by "non-legal personnel” without actual supervision by a lawyer.10 "[W]e cannot shut our eyes to matters of public notoriety and general cognizance. When we take our seats on the bench we are not struck with blindness and forbidden to know as judges what we see as men.” Ho Ah Kow v Nunan, 12 F Cas 252, 255 (No 6546) (CCD Cal, 1879).
*149c
The initial judgment whether the services of a lawyer may be required is generally made by laymen. Implicit in the limitations on solicitation by lawyers,11 is that a layman, the client, makes a judgment — sometimes after consulting another layman — whether the services of a lawyer may or may not be required, before a lawyer has an opportunity to make a judgment.
In the borderline areas between the professions, it is laymen — accountants, real estate brokers, insurance agents, trust officers — who make a judgment, sometimes under agreements worked out by the professional associations,12 of where the practice of one discipline ends and the practice of law begins and of whether to call in a lawyer.
It is illogical and impractical to require potential clients to eschew lay assistance and to obtain the advice of a lawyer when a question arises whether a lawyer’s advice should be sought.
It does not appear that any of Cramer’s clients have been misled into believing that she is a lawyer or is providing the services which a lawyer might provide.
The interview form contains, immediately above the client’s signature, a warning13 that Cramer is not holding herself out as "qualified to render *150advice and service” to persons interested in obtaining a divorce and that if "expert counseling, legal advice and service” is needed an attorney at law should be consulted, as where there are issues of child custody, child support, alimony or property settlement.
There is no evidence that Cramer counseled her clients on matters requiring the specialized training and professional judgment of a lawyer. The form judgment of divorce which she used contained a standard provision that no alimony is to be paid. Clients desiring alimony were directed to engage the services of a lawyer.14 Similarly, if a dispute arose between a client and spouse concerning the disposition of property which they could not resolve, themselves, no further assistance would be provided and the client was referred to a lawyer.
in sum, it appears that the papers were prepared on the assumption that there are no unresolved disputes. Where there was a dispute, further services were not provided and the clients were told to obtain the services of a lawyer. Referrals were made to individual lawyers and to the local bar association’s lawyer referral service. It was estimated that over 600 cases had been referred to lawyers.
The line drawn by Cramer is clear cut. It does not depend upon analysis of varying facts on a *151case-by-case basis. If there is an unresolved dispute she will not assist further. The standard she has developed functions much like the standards adopted to resolve borderline disputes between the legal profession and other professions.15
Perhaps the services of a lawyer should be required whenever there are minor children or property is to be divided. If the judicial judgment were that the line should be drawn more conservatively than Cramer has drawn it, the Court might more properly so hold, rather than proscribe such services altogether. There are a large number of young persons with limited resources who may wish, upon separation after a marriage of short duration, without children or accumulation of property, to avail themselves of Cramer’s services. If no alimony is desired, it is a remote possibility that any professional judgment is required. "Of course, exceptional cases may arise from time to time where legal problems are involved in the presentation of [cases], but it is the ordinary [case] and not the exceptional one which now engages our attention. Anticipating the exceptional would hardly be practicable.”16
The concern expressed that Cramer will not recognize potential problems which a lawyer might perceive appears, on this record, to be chimerical. One would expect that if any substantial evidence existed that substantive rights of Cramer clients had been lost because of her inability to perceive the need for and advise the employment of legal counsel the State Bar would have offered such *152evidence. We should not uncritically indulge a hypothesis unsupported by record evidence where there is plentiful experience from which evidence could have been derived.
If the experience subsequent to the making of this record indicates a need for limitations to protect the public they could be imposed upon the requisite showing.
The desire of the State Bar to protect the public and the desire of persons to obtain services enabling them to exercise their right of self-representation can be harmonized. Denying services to persons of moderate circumstances to protect them against imaginary risks cannot be justified where lesser measures will achieve the objective.
D
Virginia Cramer is not selling a divorce kit, but an idea.
The right of a litigant to represent himself derives from the Constitution: "A suitor in any court of this state has the right to prosecute or defend his suit, either in his own proper person or by an attorney.” Const 1963, art 1, § 13. This provision is of long standing.17
Most lay persons wisely refrain from exercising this right in ordinary litigation; without the training and skill of a lawyer, few laymen will be able to represent themselves adequately.
If the constitutional right of self-representation *153is to be meaningful, lay persons will generally require guidance and assistance.
Cramer, a week before the scheduled court date, conducts the fourth and final interview. The client is provided a form entitled "My Day in Court”, intended to prepare him to give testimony in court. There are blanks for the necessary factual allegations, to be filled in by the client in his own handwriting. The pro forma statements — the litany of a pro confesso divorce — are set forth. The client receives a proposed judgment of divorce to be handed up to the judge. Additional information is also given regarding the location of the courtroom, courtroom etiquette and attire. This is the final meeting. Cramer does not appear with or represent clients in court. Clients are encouraged to call back if problems arise.
Educating persons in the exercise of their constitutional right of self-representation has not been part of the traditional business of the lawyer. Most lawyers have provided this service to no one.
While the faculties of the law schools are in the main composed of lawyers who at one time were admitted to practice in some jurisdiction, a lawyer may not practice in this state unless he is an active member of the State Bar. It is the apparent opinion of the majority of the faculty of one of this state’s better-known law schools that teaching law does not constitute the practice of law — 60% of the full-time faculty are not active members of the State Bar.18
The United States Supreme Court has observed that "[t]he colonists brought with them an appreciation of the virtues of self-reliance and a tradi*154tional distrust of lawyers. * * * This prejudice gained strength in the Colonies where 'distrust of lawyers became an institution’ ”. The Court noted that the constitutions of most states confer a right of self-representation. Faretta v California, 422 US 806, 826-827, 813; 95 S Ct 2525; 45 L Ed 2d 562 (1975).
It appears, therefore, that the right of self-representation derives in part from distrust of lawyers. It derogates from that right to bar persons who desire to exercise it from obtaining knowledge regarding the manner of exercise except from a lawyer.
Most lawyers have more rewarding work to perform than to make available to the public the service provided by Cramer: confining participation in a divorce case to preparation and offering to file the necessary papers, monitoring dockets and counseling the client regarding self-representation.19
*155Some lawyers who might be willing to provide this service may fear disciplinary proceedings should they do so. Others, aware of the dim view that many judges take of self-representation, will stand aside. Some will be concerned that they may incur the opprobrium of lawyers who regard the rendering of such services as undermining the dignity of the profession. Whatever the reason, the service is not available from members of the organized bar.
The United States Supreme Court has held that "unless and until the State provides some reasonable alternative [e.g., lawyers or law students20] to assist inmates in the preparation of petitions for post-conviction relief, it may not validly enforce a regulation such as that here in issue, barring inmates from furnishing such assistance to other prisoners”. Johnson v Avery, 393 US 483, 490; 89 S Ct 747; 21 L Ed 2d 718 (1969).21
*156At stake in Johnson was the fundamental right of a prisoner to have access to the courts for the purpose of presenting his claims for post-conviction relief. Here the right involved is that of persons of moderate circumstances to have access to the courts for the purpose of dissolving a marriage.
The United States Supreme Court has held that the state cannot require an indigent person to pay a filing fee or service of process costs as a precondition to obtaining legal dissolution of a marriage. The Court declared that marriage involves "interests of basic importance in our society” and that at stake was "the adjustment of a fundamental human relationship.” The interest was characterized "a protected right”. The Court concluded that "given the basic position of the marriage relationship in this society’s hierarchy of values and the concomitant state monopolization of the means for legally dissolving this relationship, due process does prohibit a State from denying, solely because of inability to pay, access to its courts to individuals who seek judicial dissolution of their marriages”. Boddie v Connecticut, 401 US 371, 374, 376, 383, 379; 91 S Ct 780; 28 L Ed 2d 113 (1971).
Justice Williams’ opinion states the practical *157unavailability of legal services for a large segment of the population. The choice for many persons who do not have $400 or more to hire a lawyer, is to forego, or be unduly delayed in obtaining, a divorce, although the only relationship extant between the couple is the one recognized by law. Paraphrasing Johnson v Avery, supra, as long as the state monopolizes the means of dissolving this relationship, and the profession, in the exercise of its monopoly, does not provide services to persons who would exercise their right of access to the courts through self-representation, this Court should not enforce a rule barring laymen from furnishing the assistance which lawyers do not provide.
II
Legislative consideration of the question would now be warranted.
The purpose of the no-fault divorce law is to provide a quick and efficient remedy.22 For a poor person or one of modérate circumstances who cannot obtain legal representation, this legislation’s promise has not been fulfilled.
The public interest may require supervision of the kind of service provided by Cramer lest the abuses feared by the State Bar become real.23 Legislation providing for licensing and regulation of lay advocates would facilitate the rendering to *158the public the necessary service and provide a means of securing protection against abuse.24
*159Some may view state regulation of lay advocacy as legitimizing and encouraging this development; others who favor the expansion of lay services as a means of making legal services available to the poor, may fear that the organized bar will co-opt the regulatory function.25 Both concerns are justified.
*160It would also be in order to consider again whether the workaday business of uncontested divorce should not be transferred from the court to, say, the friend of the court who in practice makes the bulk of the decisions, subject to judicial review and modification. What is now a judicial procedure would then become an administrative procedure with, as now, de novo judicial review by a circuit judge only in contested cases where a disagreement concerning the friend of the court’s recommendation/decision cannot be resolved to the satisfaction of both parties. The major part of the work involved in processing divorce cases is now being conducted in this manner;26 what is now *161de facto would become de jure and be extended to the pro confesso and all uncontested phases of divorce proceedings.
The pro confesso divorce is a misuse of limited judicial time and an embarrassment to the judicial process. The imposition felt by the judiciary is especially galling when untrained persons seeking to represent themselves come into court without adequate preparation.
Jailing Cramer from time to time will not relieve the circuit courts of the obligation imposed by present law to allocate time to perfunctory business nor will it provide the public with the service that the success of her enterprise demonstrates is needed.27
When these proceedings were commenced, Cramer was in partnership with other persons. The partnership and the partners were defendants. Cramer alone has persevered with this litigation. In this opinion the activities of the partnership and partners are referred to as activities of "Cramer”.
While it is customary to refer to those who engage the services of lawyers as "clients”, the term has a wider use.
While Cramer limited her activities as indicated, I do not mean to be understood as qualifying my full concurrence in the Chief Justice’s opinion.
Names and addresses of parties; duration of residence in the county and Michigan; date, place and solemnizer of marriage; prior name of wife; number, names and birthdates of children; date of separation and reason; list of any jointly held property.
The fee was $10, most of which was used to pay process servers to perform the tasks of filing and serving.
"It is unlawful for any person to practice law, or to engage in the law business, or in any manner whatsoever to lead others to believe that he is authorized to practice law or to engage in the law business, or in any manner whatsoever to represent or designate himself as an attorney and counselor, attorney at law, or lawyer, unless the person so doing is regularly licensed and authorized to practice law in this state.” MCLA 600.916; MSA 27A.916.
ABA Special Committee on Evaluation of Ethical Standards, Code of Professional Responsibility (1969), Ethical Consideration 3-5 accompanying Disciplinary Rule 3-101 (Aiding Unauthorized Practice of Law).
MCLA 552.6; MSA 25.86.
Issued under the auspices of the Professional Economics Committee and the Board of Commissioners of the State Bar of Michigan (Ann Arbor, Mich, Institute of Continuing Legal Education, rev ed 1970).
In Johnson v Avery, 393 US 483, 490, fn 11; 89 S Ct 747; 21 L Ed 2d 718 (1969), the United States Supreme Court observed that the preparation of petitions for post-conviction relief "though historically and traditionally one which may benefit from the services of a trained and dedicated lawyer, is a function often, perhaps generally, performed by laymen. Title 28 USC § 2242 apparently contemplates that in many situations petitions for federal habeas corpus relief will be prepared by laymen”.
DR 2-103, 2-104.
See Realtor-Lawyer Principles Adopted, 39 Unauthorized Practice News 177 (1975); Guiding Principles Respecting Division of Responsibility Between Lawyers and Banks in Planning and Settling Estates, 39 Unauthorized Practice News 225 (1975); District of Columbia Bar and 27 Title Insurance Companies Adopt Statement of Principles, 39 Unauthorized Practice News 223 (1975).
"IMPORTANT: This plan is not intended as holding ourselves out to the public as qualified to render advice and service to persons who are interested in obtaining a divorce in the courts of Michigan. If you need expert counseling, legal advice and service, you should consult a licensed lawyer or an attorney at law.
"FOR EXAMPLE:
*150"Child custody
"Visitation
“Child support
"Alimony
“Separate maintenance.
"Real & personal property rights.
“Pension funds and benefits.
"Social Security benefits.
"Insurance coverage and benefits.”
In one case alimony was requested in error.
See fn 12, supra, and accompanying text.
Goodman v Beall, 130 Ohio St 427, 431; 200 NE 470, 472 (1936). The court declared that the common practice of laymen assisting an injured or deceased workman or his dependents in the submission of a workmen’s compensation claim was not the practice of law but that an appeal after notice of disallowance of claim constituted the practice of law.
See Const 1850, art 6, § 24; Const 1908, art 2, § 12.
The United States Supreme Court has held that the Sixth Amendment, as made applicable to the states by the Fourteenth Amendment, secures to a defendant in a state criminal case a right of self-representation. Faretta v California, 422 US 806; 95 S Ct 2525; 45 L Ed 2d 562 (1975). See People v Anderson, 398 Mich 361; 247 NW2d 857 (1976).
The figure is reduced to 55% non-membership if one counts all, including adjuncts, who are designated assistant professor, associate professor or professor of law.
"Where there has been growing and unmet demand for particular legal services, other means of delivery have been devised in substantial response to the bar’s failure to meet those needs through more efficient and less costly delivery systems. As noted by Johnstone and Hopson:
" 'It appears to be axiomatic in the United States that whenever a particular task or combination of tasks performed by lawyers grows to mass volume proportions and the mass demand promises to continue, laymen will eventually take over performance of these tasks unless deterred from doing so by unauthorized practice laws. In part this results from more efficient lay specialization and standardization and more aggressive lay advertising and solicitation. But in part, too, it results from lawyers’ reluctance to counter lay competition by cutting fees or increasing quality.’
"Examples where this has taken place include such areas of legal practice as the review of the legal adequacy of mortgages being acquired by large institutional lenders and title insurance by the 'big plant’ insurers. Pressures to reduce costs exerted by non-lawyer dominated work units providing legal services have resulted in insurance companies using non-lawyers (insurance adjusters) for most claims settlement work and government using non-lawyer bid and contract reviewers, social security and veteran’s benefits claims adjusters, FHA field investigators, regulatory agency violation investigators, etc.” Brickman, Expansion of the Lawyering Process Through a *155New Delivery System: The Emergence and State of Legal Paraprofessionalism, 71 Colum L Rev 1153, 1179-1180 (1971).
"By contrast, in several states, the public defender system supplies trained attorneys, paid from public funds, who are available to consult with prisoners regarding their habeas corpus petitions. At least one State employs senior law students to interview and advise inmates in state prisons. Another State has a voluntary program whereby members of the local bar association make periodic visits to the prison to consult with prisoners concerning their cases. We express no judgment concerning these plans, but their existence indicates that techniques are available to provide alternatives if the State elects to prohibit mutual assistance among inmates.” Johnson v Avery, supra, pp 489-490.
Johnson v Avery, supra, was extended in Procunier v Martinez, 416 US 396, 420; 94 S Ct 1800; 40 L Ed 2d 224 (1974), where the Court again held invalid a state requirement barring non-lawyers from providing service where implementation of the restriction would deny access to the courts. The restriction set aside absolutely barred lawyers from using students and legal para-professionals to conduct attorney-client interviews in prisons. The Court held this constituted an unjustified restriction on the prisoner’s right of access to the courts since it would "deter some lawyers from representing prisoners who could not afford to pay for their traveling time or that of licensed private investigators”.
In Sperry v Florida ex rel Florida Bar, 373 US 379; 83 S Ct 1322; 10 *156L Ed 2d 428 (1963), the Court upheld the power of the United States Patent Office to admit lay practitioners although under state law the prosecution of a patent application for others constituted the practice of law. In Keller v Wisconsin ex rel State Bar of Wisconsin, 374 US 102; 83 S Ct 1686; 10 L Ed 2d 1026 (1963), the Court remanded for reconsideration in the light of Sperry a decision of the Wisconsin Supreme Court that a lay practitioner before the Interstate Commerce Commission could not appear before the Public Service Commission, although permitted by Wisconsin statutes and the administrative code. State ex rel State Bar of Wisconsin v Keller, 16 Wis 2d 377; 114 NW2d 796, 116 NW2d 141 (1962). On remand the Wisconsin court acknowledged that Keller could give in Wisconsin his opinion on ICC matters but held that he could not appear in a representative capacity before the state Public Service Commission. State ex rel State Bar of Wisconsin v Keller, 21 Wis 2d 100; 123 NW2d 905 (1963), cert denied 377 US 964; 84 S Ct 1643; 12 L Ed 2d 734 (1964).
Lee, Divorce Law Reform in Michigan, 5 J L Reform 409, 416 (1972).
The rapid growth of lay advocacy as a means of providing legal service in situations or to persons not generally served by the profession is described in Brickman, supra, 71 Colum L Rev, pp 1189-1210. It appears that this was a prevalent means of representation in the early days of the republic. Id, p 1169.
See Robinson, Appearances by Laymen in a Representative Capacity Before Administrative Bodies, 5 Law and Contemporary Problems 89 (1938).
I appreciate that state supreme courts have generally asserted that the power to determine what constitutes the practice of law inheres in the judiciary, as stated by the Supreme Court of Oklahoma, "without regard to whether the acts involved were 'forensic’ or 'nonforensic’”. RJ Edwards, Inc v Hert, 504 P2d 407, 415 (Okla, 1972). People ex rel Chicago Bar Ass’n v Goodman, 366 Ill 346; 8 NE2d 941; 111 ALR 1 (1937), cert den 302 US 728; 58 S Ct 49; 82 L Ed 562; reh den 302 US 777, 58 S Ct 138; 82 L Ed 601 (1937); In re Unauthorized Practice of Law in Cuyahoga County, 175 Ohio St 149; 23 Ohio Ops 2d 445; 192 NE2d 54; 2 ALR3d 712 (1963). But see Eagle Indemnity Co v Industrial Accident Commission, 217 Cal 244; 18 P2d 341 (1933), holding that it was within the prerogative of the Legislature to allow laymen to represent injured workers throughout a workmen’s compensation proceeding.
These claims of judicial power are extravagant. The judiciary may assert but does not legitimately have the inherent, constitutionally implied power to bar non-lawyers from pursuing their vocations on a finding of impingement on work sometimes or traditionally done by lawyers. Occupational licensing of non-lawyers is a legislative prerogative; unless the Legislature were to authorize non-lawyers to appear in court, there is no intrusion on judicial power.
The "judicial power” (Const 1963, art 6, § 1) is vested in the "one court of justice” (id); this Court has "general superintending control over all courts” (Const 1963, art 6, § 4) and the power by general rules to "establish, modify, amend and simplify the practice and procedures in all courts of this state”. (Const 1963, art 6, § 5). (Emphasis added.)
The power conferred manifestly includes the power to decide who may practice in the courts; legislation concerning the licensing of persons to practice in the courts is subject ultimately to judicial control.
As long as the Legislature refrains from defining the term “practice law”, as used in existing legislation, this Court can define it. The Legislature may, however, amend the statutes and, as Congress and some states have done, authorize lay advocates to represent clients before administrative tribunals.
The power conferred in Const 1963, art 6, § 28 to review administrative action which is "judicial or quasi-judicial” and affects private rights or licenses is not a source of additional judicial power to regulate practices and procedures in such tribunals. If it were, then the business of this Court would include not only overseeing the practices and procedures of the courts but establishing, by rule and administrative order, the administrative procedures and supervision of the countless township, city, county and state administrative agencies whose actions are subject to judicial review. Plainly that is beyond our authority and energy.
The Federal Administrative Procedures Act provides that a person compelled to appear before an agency is entitled to be represented and advised by counsel "or, if permitted by the agency, by other qualified representative”. 5 USC 555(b). Some of the important Fed*159eral agencies permit representation by qualified lay advocates. Immigration and Naturalization Service, 8 CFR 3.1(d)(3); Drug Enforcement Administration, Department of Justice, 21 CFR 1316.50; Federal Energy Administration, 10 CFR 205.3; Federal Power Commission, 18 CFR 1.4; Food and Drug Administration, 21 CFR 2.58, 2.59; National Labor Relations Board, 29 CFR 102.38. See also Social Security Administration, 20 CFR 416.1446; Equal Employment Opportunity Commission, 29 CFR 1601.6. The Tax Court of the United States (formerly denominated the Board of Tax Appeals and not an Article III court; see Wright, Federal Courts [2d ed], § 11, p 34) admits non-attorneys who pass an examination given by the court (US Tax Ct R 2).
The Department of Health, Education and Welfare permits welfare clients to be "represented by an authorized representative, such as legal counsel, relative, friend, or other spokesman or he may represent himself’. 45 CFR 205.10(a)(3)(iii). In consequence, the regulations of the Michigan Department of Social Services are substantively identical. 1970-1971 AACS, R 400.903(1)(a), p 5643.
The rules of practice and procedure of a number of state agencies permit a person to appear either in person, "by duly authorized agent or by counsel”. State Board of Physical Therapy Registration, 1966 AACS, R 338.1122, p 3673; State Board of Nursing, 1968 AACS, R 338.1241, p 4716; Electrical Administrative Board, 1969 AACS, R 338.1082, p 5142; State Board of Veterinary Examiners, 1958 AACS, R 287.1, p 932; Board for Marriage Counselors, 1968 AACS, R 338.1836, p 4726 ("by counsel or otherwise”); Michigan Employment Security Appeal Board, 1967 AACS, R 421.525, 421.532, pp 4358-4359.
"[Tjypically, the lay advocate works for, or in, a nonlawyer-dominated institution, such as a prison, a labor union, or a community organization having only sporadic contact with the lawyer. Despite performing work which clearly constitutes the practice of law, and despite the absence of a lawyer’s supervision, the lay advocate has gained a measure of statutory protection and societal acceptance not accorded the lay assistant. The growth of the administrative agency, for one, has supplied great impetus to the development of lay advocacy; concern for accessibility to decision-making processes, especially those adjudicating rights of individuals, prompted lawmakers to provide for lay representation before the administrative agency. States have adopted similar measures in recognition of the fact that access to lawyering is essential for groups requiring legal services which lawyers, due to their inefficient delivery system, cannot provide at a feasible price. These laws are themselves part of a process of ensuring *160equal protection for widening segments of the population. For example, to provide a working man with both a claim against his employer for injuries sustained on the job and a specialized forum for adjudication of his claim is an exercise in futility unless he is also provided with the needed assistance (advocacy) to invoke the claim process.
"In summary, both the legal profession in the case of the legal specialist, and society, in the case of the lay advocate, have made a judgment that in some instances the lay practice of law is desirable. Much of the contemporary discussion of the lay practice of law is reflected in an oral debate between representatives of the A.B.A. (the private bar) and O.E.O. Legal Services (the public bar). Symbolizing the dialogue are references to the 'public sector versus the private sector.’ Simply put, the private sector, or organized bar, is interested in the lay assistant as a means of increasing the efficiency of legal practice methods and thereby, the income of lawyers. The public sector view focuses on the lack of access of the poor (and even of the middle-class) to legal services and is concerned mainly with delivering those services — a concern for the development of lay advocates which is of secondary importance to the private sector. The dialogue is often heated because the private sector talk of certification of para-legal personnel is perceived by public sector adherents as a means of controlling the development of lay advocates, particularly free-standing lay advocates operating without the supervision or control of an attorney. On the other hand, public sector proponents speak of expanding the legal services delivery mechanism without much regard for private sector-imposed strictures, such as prohibitions against the unauthorized practice of law.” Brickman, supra, 71 Colum L Rev, pp 1187-1188.
See, also, Statsky, Paralegal Advocacy Before Administrative Agencies: A Training Format, 4 Toledo L Rev 439 (1973).
See rules of circuit courts — Wayne County, Rule 10 (Domestic *161Relations Actions), reprinted in Michigan Court Rules, 1976 (West Pub Co), which but adumbrates the central role of the friend of the court in the decisional process.
“The effect of court-related expenses, minimum fee schedules, and prohibitions against advertising, solicitation, specialization, unrestricted group legal services and the unauthorized practice of law, is to bar the legally poor from the formal processes of adjudication and rulemaking in our courts and administrative agencies. These bastions of the legal profession’s monopoly over the practice of law have been shown to be constitutionally infirm. Unless a new legal services delivery system, which lacks minimum fees and includes advertising, lay performance of simple legal tasks and the variety of efficiency-increasing techniques, is developed by the bar, the price tag on justice will continue to be unconscionable. Even though the equal protection and due process clauses have failed to provide a basis for successfully challenging impediments to access to the courts and to lawyering services, the first amendment may prove to be the functional equivalent of a fourteenth amendment guarantee. The bar’s practices which prevent segments of our population from participating in the claim process are in jeopardy and ought to so remain until the high ideals espoused by Henry VII’s England become a reality in this nation and 'every pouer persone * * * shall have * * * [access to courts] and also lerned Councell and attorneyes.’ ” Brickman, Of Arterial Passageways Through the Legal Process: The Right of Universal Access to Courts and Lawyering Services, 48 NYU L Rev 595, 668 (1973).