Unpaid Internships and the Law Essay

Intern Nation by Ross Perlin tells you most everything you ever wanted to know about internships and then some. Equal parts history lesson, tell all and personal commentary, this should be assigned reading for anyone considering taking part in an internship. It has been coded into the minds of the young job seekers today that they must first work for free if they ever hope to find a good paying position. Perlin sends the necessary message though that the system that has been put in place to make this possible is cracked and presents a bad deal for internship seeking individual.

Additionally, in order to protect themselves from being accused of illegal exploitation of labor, firms follow the governmental guidelines for unpaid internships. One of the six criteria of a legal unpaid internship is that “the internship experience is for the benefit of the intern”. Since benefit is a very subjective term, firms try to assure the benefit by requesting interns to get college credits for their internship. This is certainly a benefit, but to receive the credit students have to pay tuition. Chris Maher, a student at the University of Minnesota, expresses it in an article in the University Wire as “literally, […] paying for an unpaid internship." The example of the NYU graduate Michael Feldman is described in an article in the Christian Science Monitor: Feldman had to pay $1,600 for the credit so he could intern at "The Daily Show." Because of all those costs, it depends on the financial of the students, and not everyone has the equal opportunity to obtain an internship. Therefore, unpaid internships are considered to be more of a burden than a benefit and for many students the only reasonable reaction is like Heather Houlton's, a FCLC student, who says in an article by Diana Denza: "As of right now, I would rather have a part-time job rather than an unpaid internship."

Does the internship help the interns decide if they like this area of law? Does it affect the career choice for the interns? Finding previous relevant research that correlates with my topic was very difficult, because not a lot of studies have been conducted with respect to interns and internship effects., However, with using these keywords: legal setting, internships, interns, motivation. I was able to find three relevant articles that some how were relevant with the proposed study that I wanted to conduct.

In order to complete this assignment we must first recognize what Unauthorized Practice of Law is when it comes to paralegals. There is no set definition on what UPL is but as a paralegal there are guidelines to go by. Some ways they can violate the practice of law would be an individual holding themselves as an attorney when they are paralegals, giving legal advice as an attorney would, or representing clients in a court of law. All of the previous are violations and can be subject to several disciplinary actions [ (Unauthorized Practice of Law, 2010) ]. It has been named illegal due to the damages on may suffer due to bad legal advice. In some states it is considered a criminal offense and could be given a jail sentence.

In this paper I am going to identify some the legal and ethical issues in My Sister’s Keeper. Some of those issues include emancipation of a minor, genetic engineering, and limited termination of parental rights. I will be giving my opinion on these matters also.

The Fair Labor Standards Act has been amended many times and is virtually an ever-changing law, however, it does not cover all employees. There are several classes of “exempt” employees, including salaried employees in the executive/managerial, administrative, and professional areas. Outside salespeople are also considered exempt. One of the issues facing companies today is knowing which employees are exempt and which are non-exempt. There are tests to determine if an employee is exempt. In 2004 the tests changed to a standard test, which is whether or not the employee’s salary is $455/week or greater and the duties test, which allows for exempt status if more than 50% of the work performed by an individual is “exempt work.” (Pass and Broadwater) Exempt employees do not receive overtime pay, which can be a substantial cost savings to a company. My previous employer required that an exempt manager close the center each night even though we had non-exempt team leads who acted as managers in most capacities. The reason was to avoid overtime costs.

Internships are extraordinary opportunities to learn and grow. Internships are mostly designed to expand the depth and the breadth of the academic learning in the particular areas of the study. Internship is an opportunity to receive experience in applying all formulas, methods, theories in the classroom to specific experiences in the real world and to see how it actually works.

Brilliantly put by what many deem to be America’s greatest president of all time, Abraham Lincoln, “Let every man remember that to violate the law is to trample on the blood of his father, and to tear the charter of his own and his children’s liberty.” Civil disobedience is defined as the refusal to comply with certain laws as a form of political protest. Although many may argue that this is the sole way to keep the government in check and to make minorities heard, rational people will realize that it is not this disrespect of the law that proves the democracy of our nation.

While researching the unauthorized practice of law I found that Model Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law and Model Rule 5.3: Responsibilities Regarding Nonlawyer Assistance are the same for both the state of Louisiana and national level. It is very important for the law all across the world remain strict with its rules and laws in which the state of Louisiana according to these two rules are both strict but also self explanatory of why it is the way it is.

Our present day job market has seen a marked increase in competition among college graduates. Over the past 40 years, we have seen a 20 percent increase in bachelor’s degrees in citizens over the age of 25 (“Fast Facts” 1). This increase in degree holders has exacerbated the competition of our job markets and has forced workers to seek a further competitive edge. According to an annual survey by the National Association of Colleges and Employers, an astonishing 95 percent of employers said relevant work experience is a major aspect in hiring decisions, and approximately half of the surveyed employers wanted the experience to come from internships (Hansen 1). Hence, many college students find themselves taking unpaid internships as resume boosters. Although these internship experiences are significant in providing college students with practical skills, their ethicality is highly questionable. Unpaid internships exploit interns, widen socioeconomic disparity, and offer little future benefit to interns. This paper will begin by framing the problem and highlighting the importance of this phenomenon. Following that, the multiple perspectives on this issue will be discussed and an analysis of the pros and cons of unpaid internships will unravel that unpaid internships are inherently flawed. Lastly, the paper will acknowledge that completely abolishing unpaid internships is an

The career I have chosen is to become a lawyer, in either a private practice or firm, or for the government. The definition of a lawyer is an advocate or advisor in society, that is as an advocate, to represent one of the opposing parties in a criminal or civil trial, and as an advisor to counsel clients as to their legal rights and suggest courses of action. But that is not all a lawyer is about. Being a lawyer takes hard work, dedication, and many years in school.

Today’s business world presents numerous ethical issues. In today’s world above board/moral ethics in organizations do not often materialize intuitively. Organization must strive to provide employees with a clear understanding of the overall company vision. This will aid employees in practicing the code of ethics, policies and procedures in the workplace. Companies must be unwavering in continuously delivering the uppermost ethics of provision in which customers, applicants and employees are entitled to under fair business practices. One major core value is to uphold responsible and fair business practices.

Workers in the helping professions endure a massive amount of ethical and professional issues. These issues affect the practice of counseling and the relationship with the client. The book Issues and Ethics in the Helping Professions by Corey, Corey, and Hallanan gives many themes that one will encounter throughout their career. The book also gives possible solutions to problems and stimulates different ways to think about issues. The authors of this book provide good knowledge and information for anyone in the helping professions.

When it comes to large sums of money, it is not uncommon for the spender to feel they have been ripped off or become over protected. The practice of law is no exception to this phenomenon, and crocked lawyers and paralegals have negatively contributed to the notion. On several occasions law professionals have taken client money for personal use, acting against the law and rules of professional conduct. Although lawyers and paralegals have their own individual rules and guidelines to abide by, they follow the same professional structure of proper conduct. The rules of conduct for paralegals is governed by the Law Society of Upper Canada and is the governing body responsible for reports of misconduct. Further investigations will lay out the proper procedures and tasks that must be completed when a paralegal encounters an accusations of misconduct, specifically when a client accuses a paralegal of misappropriating money from the clients trust fund. When it comes to possible options it is important to remember that by proactively sending a report of the circumstance to the Law Society of Upper Canada with a detailed list of events, bookkeeping and accounts billed to the client will help your case prior to the client reporting you to the Law Society. Should a paralegal choose to ignore the threat of the client, in hopes that the client will not follow through with higher involvement, the paralegal will then face an audit by the Law Society. If the Law Society is apprised that the

In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006.