Summary: Unauthorized Practice Of Law

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Running Head: UNAUTHORIZED PRACTICE OF LAW 1 Unauthorized Practice of Law Charles Shumate Legal Ethics PA253 May 20, 2014 Running Head: UNAUTHORIZED PRACTICE OF LAW 2 This is the scenario: Mr. Stan Smith calls his friend, Polly Paralegal, and leaves a message asking, “Do the grounds for divorce in North Carolina include adultery?” Later that day, Mrs. Stan Smith calls Polly Paralegal and leaves a message asking, “Do I have grounds for divorce in North Carolina? I just found out that Stan committed adultery.” The question is, if the paralegal answers either Mr. or Mrs. Smith question, will she be engaging in the unauthorized…show more content…
Secondly, answering either one would create separation and it’s not her position to do so. I would think that the paralegal would recommend that the couple seek council elsewhere so as to not lose the friendship of either party. Thirdly, and most Running Head: UNAUTHORIZED PRACTICE OF LAW 3 importantly, if the paralegal were to choose to answer the question for either party, she would be engaging in the unauthorized practice of law. You would think that if the paralegal answered the questions for either party, that’s exactly what she would be doing…answering questions, not practicing law. But, knowing what constitutes the unauthorized practice of law is very important because we as paralegals have to perform many legal task that were originally performed by lawyers. So, it is necessary to identify when this conduct might cross the line into unauthorized practice of…show more content…
People come to lawyers because they need help with a legal problem. They expect that the advice they receive will come from someone with the training and expertise to provide that advice. Legal advice ordinarily deals with the consequences of a course of conduct and affects the client's legal position or rights. Running Head: UNAUTHORIZED PRACTICE OF LAW 4 When a client calls wanting to know the options for dealing with an issue, it is difficult to simply gather information and tell the client you will discuss the problem with your supervising attorney. Anything more, however, runs the risk of giving legal advice and constitutes the unauthorized practice of law. The close working relationship between lawyers and paralegals creates problems in this area. A client who is aware of the relationship between the paralegal and the lawyer may rely on statements by the paralegal just as if they came from the lawyer (http://www.netplaces.com/paralegal/ethics-and-professional-responsibility/unauthorized-practice-of-law.htm). The client does not differentiate between a paralegal who is offering her own opinion (improper) and a paralegal who is relaying advice from the attorney to the client (proper). To the client, it is all legal advice. As paralegals we must be vigilant to avoid giving legal advice to clients.

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