Running Head: Unit 8 Assignment UPL
Unit 8 Assignment UPL
Unit 8 Assignment UPL
What is UPL? UPL is actually short for “unauthorized practice of law”. Basically what this means is the application of a rule of law to a particular person’s fact pattern and giving a response or answer (Orlik, 2008). A good example for a better explanation of what UPL really consists of would be the following. A person you know had a car accident; he or she knows you have some knowledge of the law because you are a paralegal so they decide to ask you what their legal rights are. If you are a lawyer you can give legal advice and there would actually be no problem, now if you’re a paralegal you have committed what is known as UPL.
A paralegal is a non-lawyer which means there is no license to practice law, so legal advice cannot be given to anyone especially a client whose case your supervising attorney is working on. In the text, a good example is given which explains how when a person asks a lawyer about his rights on a car accident, they are asking for legal advice, when asking a friend they are asking for an opinion. Now it all changes up when that person comes to ask you a “paralegal” his or her legal rights on the car accident, they know you have legal knowledge and are looking for legal advice. Working as a paralegal you may have the legal knowledge needed to answer any law related questions, but since you are not an attorney, you will be committing UPL by answering any law related questions to anyone who asks, meaning a client or just a simple friend. This is something that needs to be taken very seriously especially working as a paralegal for an attorney.
UPL simply occurs when the person which can simply be a friend, client, or potential client seeks legal advice from a person who he or she knows has legal knowledge, but is not a lawyer. A paralegal is actually committing UPL when they 1. Give legal advice 2. Create legal documents for other, or 3....
References: Orlik, D. (2008). ETHICS FOR THE LEGAL PROFESSIONS 6TH EDITION. Upper Saddle River, NJ: Pearson Prentice Hall.
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