PA253: Legal Ethics
Under the North Carolina State Bar state that:
The North Carolina state legislature has defined the practice of law in North Carolina as: Performing any legal service for another person, firm or corporation, with or without compensation Preparing court documents;
Assisting in legal work; or
Advising another person, firm or corporation about their legal rights (N.C. Gen. Stat. § 84-2.1)
This statute and two other statutes identify specific activities as the practice of law that may be performed only by attorneys. (N.C. Gen. Stat. §§ 84-4 and 84-5). The list of specifically identified activities that constitute the practice of law includes: • Abstracting and passing upon titles to real estate;
• Organizing corporations;
• Preparing or aiding in the preparation of deeds, trusts, wills or other legal documents; • Preparing or aiding in the preparation of probate petitions and accountings; • Preparing or aiding in the preparation of court pleadings; and • Appearing in court or before any judicial or quasi-judicial body on behalf of another. This list of specific activities is provided only as examples. Any activities involving the preparation of legal documents, giving legal advice, or providing legal services for another constitutes the practice of law. As well it is been state on Model Code of Ethics and Professional Responsibility that: EC-1.2 (b) a paralegal shall not communicate, or cause another to communicate, with party the paralegal knows to be represented by a lawyer in a depending matter without prior consent of the lawyer representing such other party.
Reviewing the facts: Mr. and Mrs. Smith decide to call their friend, Polly who is paralegal; Mr. Smith lives a message by asking if Polly knows if the grounds for divorce in North Carolina include adultery? Then, later on his wife Mrs. Smith did call the same friend...