Legal Brief Writing Assignment
February 25, 2014
Legal Writing
Legal Brief Assignment No. 2
FACTS:
Dan is a trained paralegal who works for Erie Bank in Lakewood, Ohio. One day, Mary walks into the bank to apply for a mortgage loan to purchase a new house. She and Dan have a long conversation about Mary taking out a mortgage. Mary is concerned that were she to default on her loan, her credit would be destroyed. In response, Dan tells her:
Don’t worry about it. If you 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.
ISSUE:
Whether, under Ohio Law, is Dan subject to a civil liability to Mary for his legal advice regarding her default on her mortgage loan, foreclosure, and bad credit rating? Did Dan practice unauthorized practice of law?
RULE:
R.C. §4705.07 Unauthorized Practice:
(A) No person who is not licensed to practice law in this state shall do any of the following:
(1) Hold that person out in any manner as an attorney at law;
(2) Represent that person orally or in writing, directly or indirectly, as being authorized to practice law;
(3) Commit any act that is prohibited by the Supreme Court as being the unauthorized practice of law.
(C) (2) Any person who is damaged by another person who commits a violation of division (A) (3) of this section may commence a civil action to recover actual damages from the person who commits the violation, upon a finding by the supreme court that the other person has committed an act that is prohibited by the supreme court as being the unauthorized practice of law in violation of that division. The court in which that action for damages is commenced is bound by the determination of the Supreme
Legal Writing
Legal Brief Assignment No. 2
FACTS:
Dan is a trained paralegal who works for Erie Bank in Lakewood, Ohio. One day, Mary walks into the bank to apply for a mortgage loan to purchase a new house. She and Dan have a long conversation about Mary taking out a mortgage. Mary is concerned that were she to default on her loan, her credit would be destroyed. In response, Dan tells her:
Don’t worry about it. If you 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.
ISSUE:
Whether, under Ohio Law, is Dan subject to a civil liability to Mary for his legal advice regarding her default on her mortgage loan, foreclosure, and bad credit rating? Did Dan practice unauthorized practice of law?
RULE:
R.C. §4705.07 Unauthorized Practice:
(A) No person who is not licensed to practice law in this state shall do any of the following:
(1) Hold that person out in any manner as an attorney at law;
(2) Represent that person orally or in writing, directly or indirectly, as being authorized to practice law;
(3) Commit any act that is prohibited by the Supreme Court as being the unauthorized practice of law.
(C) (2) Any person who is damaged by another person who commits a violation of division (A) (3) of this section may commence a civil action to recover actual damages from the person who commits the violation, upon a finding by the supreme court that the other person has committed an act that is prohibited by the supreme court as being the unauthorized practice of law in violation of that division. The court in which that action for damages is commenced is bound by the determination of the Supreme