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
…show more content…
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
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
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
As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.
1.16 (A).1, 5.5(B) - Upon learning that Carl had taken on a case on his own, which is an example of unauthorized practice of law, Attorney Howe should have notified the clients that Carl did not have such authority to take on a case, set discounted fees or conduct an interview without Attorney Howe’s supervision, thus in good consciousness Attorney Howe cannot take on clients under fraudulent circumstances.
According to Porter, Gildon, & Zgliczynski (2000), people claiming to be counselors is a serious problem in the state of California because no formal standards are set for appropriate licensure except for that of a marriage counselor. This lack of standards and credentials causes many problems for those seeking advice and assistance with a particular problem. More importantly, the public is not protected even if they take a case to court and the “counselor” is found guilty. What is to be taken away? He can continue to practice because he does not have a certificate to begin with. Lreh
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
Now the reasoning behind prohibiting the unauthorized practice of law is not to hurt lawyers and anyone legally practicing law. These were put into place to help from personally damaging cases and individuals alike. What if you were given advice and used it to help with your case. Then come to find out that this advice or information was not at all correct and cost you your case. You would be very adamant to return to the individual to find out what had happened. Then you also find out that this person was not legally able to practice law in any manner. You would be furious and would want this person to pay for his/her actions. This is an example of why it is very important why someone that is not authorized
Providing legal services to underserved communities can be both challenging and rewarding. I anticipate such a career after graduating from law school. My upbringing and experiences influence my desire to serve rural areas with limited access to legal services.
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
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
Pre-Paid Legal plans are designed to help middle-income Americans have affordable access to quality legal assistance. — Pre-Paid Legal Services Corporate Vision Harland C. Stonecipher founded the Pre-Paid Legal Services, Inc. (PPLS) in 1972 after an expensive encounter with lawyers stemming from an automobile accident. PPLS sold legal expense insurance that provided for partial payment of legal fees in connection with the defense of certain civil and criminal actions. The company went public in 1979 and grew rapidly throughout the 1980s as an increasing number of Americans subscribed to legal service insurance (see Exhibit 1). In 1998 the company had membership
“Some in the profession argue that since paralegals are supervised by attorneys, there is no need for mandatory licensure, certification, or registration. Others contend that since paralegals are trained to assist in the delivery of complex legal services, there should be a mandatory competence credential in order to protect the public.” (2001)
Acting as a legal practitioner is considered a “great privilege” and “offers the opportunity to serve the community in a profoundly important way.” Lawyer’s roles as officers of the Court and administrators of justice give them a monopoly on the delivery of counselling and representation services. In order to “maintain their capacity to serve the community” , legal practitioners must accept that they are
Karen L. Stern of Bernstein & Stern, LLC in Worchester, Massachusetts, has been practicing law since 1987. She represents clients throughout the state of Massachusetts as well as New England and the rest of the United States. Ms. Stern's cases include a wide range of matters related to personal injury and employment law. She handles medical malpractice, wrongful death, motor vehicle accidents, trip-and-fall accidents, laser injuries and other cases in which her client has been injured through the negligence of others. She also handles cases related to wrongful termination, employer's failure to pay wages, contract disputes, workplace harassment, deceptive or unfair business practices, fraud and breach of contract.
The Violations committed by the paralegal on that day are; The Paralegal failed to present Him/Herself with the right title of his/her position; The Paralegal failed to inform the Attorney of the dishonest and Fraudulent acts being committed by the client assisted on the case.