Unauthorized Practice of Law Essay Example
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.
With that in mind let us discuss the questions at hand. Polly is a paralegal having two individuals asking about divorce when it comes to adultery. Each individual has separate questions asked at different times. Polly has to be sure she doesn’t give legal advice to engage in the unauthorized practice of law. Polly has a legal duty to uphold when it comes to discussing any legal questions or matters, even if it is for friends and family. She knows as a paralegal she cannot give any legal advice to either one of the individuals. So, let’s look at the questions that where asked.
Mr. Smith’s question is as follows: “Do the grounds for divorce in North Carolina include adultery”? Now depending on how Polly answers this she should not have to worry about UPL. If she provides basic information that would be able to be found on the internet or other sources, she should be fine [ (UPL pamphlet) ]. If she wants to engage in this conversation with Mr. Smith should first state that she is only a paralegal and by law she cannot give any legal advice. She can direct him where to look for the information to further his knowledge on the matter. Doing any of these actions does not engage in the unauthorized practice of law.
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With that in mind let us discuss the questions at hand. Polly is a paralegal having two individuals asking about divorce when it comes to adultery. Each individual has separate questions asked at different times. Polly has to be sure she doesn’t give legal advice to engage in the unauthorized practice of law. Polly has a legal duty to uphold when it comes to discussing any legal questions or matters, even if it is for friends and family. She knows as a paralegal she cannot give any legal advice to either one of the individuals. So, let’s look at the questions that where asked.
Mr. Smith’s question is as follows: “Do the grounds for divorce in North Carolina include adultery”? Now depending on how Polly answers this she should not have to worry about UPL. If she provides basic information that would be able to be found on the internet or other sources, she should be fine [ (UPL pamphlet) ]. If she wants to engage in this conversation with Mr. Smith should first state that she is only a paralegal and by law she cannot give any legal advice. She can direct him where to look for the information to further his knowledge on the matter. Doing any of these actions does not engage in the unauthorized practice of law.
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