Unauthorizied Practice Of Law

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“UPL” Jammie Overholt Professor Bester PLA 1003-6 02 September 2011 Abstract “Unauthorized Practice of Law is giving legal advice, if legal rights may be affected, by anyone not licensed to practice law.”(Goldman, Thomas. F & Cheeseman, Henry. R 2011 pg.848) UPL is considered a crime in some states and you could do jail time if the courts feel it necessary. So anyone giving out legal advice that is not a lawyer needs to think twice. The first thing Sally must do is to tell Molly that she is not a lawyer and cannot give her any legal advice. Tell Molly the reasons why she cannot help her. It’s not that she doesn’t want to but that it is considered as “Unauthorized Practice of Law” and that it is considered a misdemeanor and even a felony in some states. Sally cannot help Molly with filling out forms or even telling her what forms for her to fill out. Even though “in some jurisdictions, paralegals are permitted to assist clients in preparing certain documents.”(Goldman, Thomas. F & Cheeseman, Henry. R 2011 pg.44) But that can be a tricky situation because Sally would have to know the law on that subject pertaining to the state she resides in. Legally I do not think there is anything Sally can do to help Molly maybe except tell her she needs to talk to a lawyer or get one of those self-help kits that have legal forms in them. Since Molly says she cannot afford a lawyer she needs to look into whether or not her state offers free legal services or advice. Molly could also set up a free consultation with a lawyer. Of course if any lawyers in her state offer that, which I am sure, they do. Maybe the lawyer she meets will have some kind of payment plan he/she could offer Molly. Also maybe since it is a medical issue the
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