Unauthorized Practice of Law
A lawyer will be responsible if he:
1. Ordered or knew about the conduct 2. knew about the misconduct at a time when consequences could have been reduced or avoided.
The jobs of a paralegal include:
1. Prepartation of legal documents; 2. Legal research; 3. Sharing answers recieved from lawyer to clients. * These duties are not UPL because they are performed under the supervision of a lawyer.
non-lawyers are prohibited from:
1. establishing and office for practice of law 2. holding oneself out as a lawyer 3. non-lawyer assistants
The enforcement of UPL regulations include:
1. injuction; 2. criminal prosecution; and 3. citatiion for contemp of court.
Common exceptions to the UPL rule include:
1. self-representation; 2. lay administration participation in certain administrative proceedings; 3. lay participation in the exercise of federally protected rights; and 4. law student practice, especially in the area of indigent representation.
What is Integrated Bar?
A bar association that has mandatory membership of all lawyers. California has an Integrated Bar.
8.5a
A lawyer who commits misconduct is subject to disciplinary action in the jurisdiction in which he is licensed and in the jurisdiction where misconduct occurred
What is the "Writ of Quo Warranto" asking?
By what authority are your practicing law?
What is giving legal advice?
Giving advice that would have an affect on the outcome of a matter.
What is the Conduit Theory?
Information is passed between client and attorney via the paralegal. The advice given by the paralegal is coming from the attorney and therefore covered under the Conduit Theory.
What is the meaning of "Respondeat Superior"?
It is Latin for "let the master answer."
What is contemp of court?
It is when an act interferes with the orderly administration of justice, or impairs the dignity of the court.
What does the UPL do
Prohibits lawyers from practicing law in a jurisdiction "in violation of the regulation of the legal profession in that jurisdiction, or assisting another in doing so.
Rule #5 deals with the improper division of fees. What is this rule?
Rule #5 prohibits paralegals from accepting referral fees; paralegals cannot have an employment contract that states that the salary will be based on the outcome of the case or the profits of the firm. Bonuses are permitted.
Define Rule # 5.3.
Rule 5.3 makes the employer-attorney responsible for the unethical conduct of the paralegal.
What is Rule # 5.4?
Rule 5.4 prohibits lawyers and non-lawyers from being in business together if any part of that business be the practice of law.
Improper conduct of the paralegal is imputed to the attorney? What does this mean?
The attorney is responsible for the acts of the paralegal.
As a paralegal - what is not giving UPL?
The interviewing of clients. Asking questions and writng down information is not UPL. Corportations must be represented by an attorney in a court of law, but non-lawyers can represent them in administrative proceedings.
What is the unauthorized practice of law?
The practice of law without a license to do so.
Attorneys are regulated by ...
Attorneys are allowed to work in another jurisdiction when the lawyer: 1. works with lawyer licensed in that state. 2. represents client 3. Performs non-litigation work that arises out of lawyer's home state
General rule: The practice of law is limited to those who are licensed and admitted to the bar after satisfying certain state requirements with regard to education, moral character, and examination. This is a
licensed attorney or lawyer.
5.4a
no sharing fees with non-lawyers
It may be acceptable for a lawyer to instruct the paralegal to sign the lawyer's name to an enclosure letter; it is not acceptable for the paralegal to sign the attorney's name to a ...
pleading.
5.4b
prohibits the creation of partnership between lawyer and non-lawyer
A supervisor must:
take reasonable measures to ensure that the action is of a non-lawyer comply with ethical rules
The ABA has alwalys maintained (1) that the public is best served by maintaining the high standards of quality achieved by self-regulation and
(2) that only licensed attorneys should be subject to regulation by the ethical considerations.
Are kits and books that the consumer can purchase and receive no-in-person legal advice UPL?
No
A paralegal can be sent to a depostion to take notes and observe in the place of a lawyer. Can a paralegal ask questions of the deponent or otherwise actively participate in the deposition?
No, it would be considered UPL.
Can an attorney accomplish an unethical end if the act is done by the paralegal?
No. It would be as if the attorney committed the unethical act.
A lawyer does not have to designate of his/her business card with the title "lawyer." Does the paralegal?
Yes.
Does improper supervising consitute UPL?
Yes. By failing to properly supervise non-lawyer staff members, lawyers break the law by aiding UPL/
Paralegals cannot do anything that would be considered illegal if done ...
by a lawyer.
Lawyers who employ paralegals must ensure that the paralegals know their obligations under the duty of ...
confidentiality