MEMORANDUM
INTRODUCTION
You have asked me to determine whether our client Diana Lewis committed unauthorized practice of law by providing her services. I have done research on statutes and cases. This memorandum will address the issue of this case, California Bar’s claim, and Ms. Lewis’s possible defense.
STATEMENT OF FACTS
In May 2001, Diana Lewis earned her Associate of Art degree and Paralegal Certificate from City College of San Francisco. In June 2001, Ms. Lewis opened her business to prepare legal paperwork for clients involved in uncontested divorces. She advertises her business in the Daily Journal and the Recorder. She charges no more than $75 for the complete
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She works as an independent legal document assistant. The issue is whether she provided advice about possible legal rights, defense, strategies, etc.
In the People v. Landlords Professional Services, 215 Cal. App. 3d 1599; 264 Cal. Rptr. 548, the court held that when a non-attorney consults his or her clients individually and presents himself or herself with expertise concerning certain legal problem, he or she is engaged in unauthorized practice of law. The court’s reason for affirming conviction against LPS is that the company provided specific information to its clients concerning eviction procedure in the context of personal interviews where it was able to provide additional information and advice addressed to the specific problems and concerns of its clients, who were likely to rely on its advice, perhaps to their serious detriment. This case is similar to Diana Lewis’s case in that both Ms. Lewis and LPS’s representatives are not authorized to practice law. Both cases have the same issue of definition of practice of law. They both provided legal document service. The difference is that LPS held individual interviews with its clients and gave specific advice, whereas Ms. Lewis held conference with her clients. However, Ms. Lewis did discuss with her clients before the court hearing. State Bar could argue it is possible for Ms. Lewis to provide additional advice concerning specific problems if her clients. Yet at
ABA 5.3 (A)(B)(C). – Attorney Howe did not make reasonable efforts to supervise his paralegal. Mr. Howe knew that Carl was inexperienced in the firm as a “new-hire and should have practiced due diligence in his supervisorial duties. Attorney Howe failed to give clear guidelines and did not take immediate
Courts generally have held that a paralegal and or legal assistant can achieve the objectives of communication and to provide potential clients with information concerning legal fees and representation if instructed by the supervising attorney. However, a paralegal and or legal assistant cannot provide a potential client with legal advices, accept cases, appear in court, and or provide decision(s) to the case(s). Attorney Grievance Commission of Maryland v. Morgan Joseph Hallmon, 343 Md. 390; 681 A.2d 510; 1996, a District of Columbia attorney employed his wife, Carole Cloud who is a law school graduate and is not admitted to practice law in any jurisdiction. Carole was hired as Office Manager, Coordinator, and Law Clerk of the firm. She performed legal work for a client of the firm, which mostly were reviewed and approved by the supervising attorneys Morgan Joseph Hallmon and Eric Cloud, her husband. Attorney Hallmon had given Ms. Cloud full responsibility of handling the case in which he has been kept aware and up to date with the proceedings and details of the case. The court stated:
Model Rule 5.5(B)- Attorney Howe, left a new hire, Carl, unattended, while also suggesting that he may conduct interviews in his office without specifying particulars regarding his presence or direct supervisory responsibilities. In hindsight, Attorney Howe could be indirectly contributing to the unauthorized practice of law due to his gross negligence to supervise his paralegal.
Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim
Since paralegals can only work under the supervision of an attorney, by doing the opposite may be consider an unauthorized practice of law, so paralegals must avoid assisting in the unlicensed practice of
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.
My years of practice have involved high volumes of case, high demands, and required attention to detail. I am well versed in the various federal, state, and local statues, rules, policies and regulations. In my
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Since Detlor Paralegal Services cares about the public and improving access to justice, all clients who cannot afford assistance from this business will be referred to Community Legal Clinics that offer the same services for a much smaller fee if not for free. For example, if a victim of crime from Belleville cannot afford Detlor Paralegal Services, they will be referred to Sharon Powell of the Community Advocacy and Legal Centre. Tenants who cannot afford legal services and do not have a conflict of interest with Detlor Paralegal Services or one of it’s clients will also be referred to Community Legal
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