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Chapter Two Unauthorized Practice of Law

Chapter Two Unauthorized Practice of Law. In this chapter, you will learn about: The history of the unauthorized practice of law Definitions of practice of law The attorney’s ethical responsibility to prevent the unauthorized practice of law and to supervise paralegals

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Chapter Two Unauthorized Practice of Law

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  1. Chapter TwoUnauthorized Practice of Law In this chapter, you will learn about: • The history of the unauthorized practice of law • Definitions of practice of law • The attorney’s ethical responsibility to prevent the unauthorized practice of law and to supervise paralegals • Key areas of concern to paralegals in the unauthorized practice of law

  2. UPL • UPL: Unauthorized Practice of Law

  3. Factors Creating Need for Nonlawyer Legal Services Providers • The decrease in funding for the legal services corporation that formerly supplied legal services to people of low and moderate income • The increase in the need for legal services, due to the proliferation and complexity of laws • The rising cost of legal services provided by lawyers

  4. Pro Hac Vice • Special rules that allow a lawyer to represent a client in a state court in a state where the lawyer is not licensed to practice

  5. Only a Lawyer May Do the Following: • Preparing pleadings and legal instruments, such as wills, contracts, deeds, leases, and trusts • Preparing any document by which legal rights are secured • Preparing documents for or making statements to a client that contain legal opinions, arguments, or interpretations of the law • Appearing in court on behalf of clients or acting as an advocate in a representative capacity • Giving legal advice—that is, applying knowledge and judgment to a client’s particular situation and advising of rights and responsibilities and possible courses of action

  6. Determining If Specific Conduct is the Practice of Law • Consider • Whether the services required the skills and knowledge of an attorney • Whether the activity is one that is traditionally performed by a lawyer • Whether the services are essentially legal or are “incidental” to some other transaction

  7. What Constitutes the Unauthorized Practice of Law? • Making Court Appearances • Includes taking depositions and signing pleadings • Establishing the Attorney-Client Relationship • Giving Legal Advice

  8. What Constitutes Giving Legal Advice? • Directing or recommending a course of action to a client about how to proceed in a matter that may have legal consequences • Explaining to a client his or her legal rights and responsibilities • Evaluating the probable outcome of a matter, including litigation • Interpreting statutes, decisions, or legal documents to a client

  9. Jailhouse Lawyers • Inmates who help other inmates prepare postconviction writs

  10. Disclosure • One of the main functions of many paralegals is acting as liaison to persons outside the law firm—clients, witnesses, opposing law firms, courts, and so forth. • This contact may take the form of telephone conversations, correspondence, or meetings in person. • A key ethical aspect of the liaison role is ensuring that the person with whom the paralegal is dealing is fully aware that the paralegal is not a lawyer.

  11. Independent Contractor Paralegals • An independent contractor paralegal (also known as a freelance paralegal) is a paralegal who handles projects for attorneys on an as-needed basis.

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