PA:253 Legal Ethics | Unauthorized practice of Law | Unit 8 Assignment | 12/11/2012 | D Seagraves PA: 253 Legal Ethics Unit 8 Assignment December 11, 2012 Polly is a paralegal that works for a law firm, one day she receives a message from a friend, Mr. Stan Smith, Mr. Smith wanted to know if grounds for divorce in North Carolina include adultery. Before Polly was able to call Mr. Smith back, her phone rings again this time it is Mrs. Smith, another friend and also Stan’s
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Unauthorized Practice of Law So Mr. and Mrs. Stan Smith have contacted their old pal, Polly Paralegal. They have asked her questions regarding the State of North Carolina’s grounds for divorce. Mr. Stan Smith wants to know if grounds for divorce in North Carolina include adultery. Mrs. Stan Smith would like to know the answer to a similar question as she has just found out that Mr. Stan Smith has committed adultery. Mr. and Mrs. Smith believe that Polly Paralegal will be able to answer their questions;
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UPL Unauthorized practice of law is a crucial part of our legal system and how law is administered. Also known as, UPL, this topic deserves attention so boundaries in the legal profession can be clearly understood. My question that I raise with this topic, is UPL defined well enough or is it too strict and those that can’t afford legal help suffer for it? In the American Bar Association Model Rules of Professional Conduct, it states, "A lawyer shall not practice law in a jurisdiction where
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don’t pay your loan, the only remedy the bank has is to foreclose on the house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter. Unfortunately, it turns out that Dan was incorrect. When Mary defaults on her loan the next year, her credit is badly hurt. Mildred has engaged our firm to evaluate the possibility of filing a suit against Dan based on his statement
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Unauthorized Practice of Law Regina Johnson PA253: Legal Ethics Professor Craig Dorne April 22, 2012 Abstract The purpose of this paper is to clearly establish and sustain a viewpoint of UPL (Unauthorized Practice of Law) in the state of Tennessee. The facts state that Mr. Stan Smith calls his friend, Polly Paralegal, and leaves a message asking, “Do the grounds for divorce in Tennessee include adultery?” Later that day, Mrs. Stan Smith calls Polly Paralegal and leaves a message asking,
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Unauthorized practice of law is when a general lay person applies a rule of law to a fact pattern. The general rule is that the practice of law is limited to those who are licensed after satisfying certain state requirements of education, moral character, and understanding of the law. (Orlik, D, Ethics for the Legal Professional Chapter 2 p. 39. In the first scenario if Polly Paralegal answers Mr. Stan Smith’s question she is committing unauthorized practice of law. The questions states do the
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significant loss due to this advice. The issue at hand is whether or not under Ohio law a plaintiff has a private cause of action against a nonlawyer for the unauthorized practice of law that brings harm to the plaintiff. Under Ohio Revised Code 4705.07 (A)(3) No person who is not licensed to practice law in this state shall commit any act prohibited by the supreme court as being the unauthorized practice of law. It goes on to say in Section (C) (2) that any person who is damaged by another person
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Unit 8 Assignment: Kaplan University: Unauthorized Practice of PA253: Legal Ethics 10/17/2014 Unauthorized Practice of Law 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
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ASSIGNMENT 1 LEG 107 Assignment 1 - Avoiding Unauthorized Practice of Law NEW It is widely known that utilizing paralegals is a frequent concern for practicing attorneys, especially when a paralegal’s actions may leave them performing tasks (e.g., advising on legal rights, negotiation or settlement, management of a law practice, etc.) which could result in the unauthorized practice of law. Per the American Bar Association, one must possess a law license in order to perform such tasks. Write
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Assignment Kari Ludington Kaplan University PA 253 D. Weigel November 7, 2014 The practice of law is limited to those who have meet their state's requirements of education, moral character, and understanding of the law. They then become licensed to practice law, one who does not hold this license and practices law is committing UPL. UPL is the unauthorized practice of law anyone who practices law without a license may be held to their states disciplinary procedures. Injunction, criminal
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