The Unauthorized Practice of Law

1
Chapter 2

• The Unauthorized Practice of Law

2
What Is Legal Advice?

• If a paralegal applies knowledge of the law to
  the facts of a case and renders an opinion, it is
  legal advice.

• Recommending a course of conduct
• Evaluating a case
• Predicting a cases outcome

• Suggesting a course
• of action
• Explaining rights or
• obligations
• Interpreting statutes
• or legal documents.

3
Actions That Are Not UPL

• Giving instructions and legal information needed
  to handle their own cases
• Providing appropriate court forms for customers
  use
• Preparing forms at the direction of the customer
• Filing court papers
• Having forms served as directed by the customer.
• People vs. Landlords Professional Services, 215
  C.A.3d 1599

4
What Statements Are UPL?

• A plaintiff is a person who starts a lawsuit. A
  defendant is a person who is sued.
• If the attorney decides to proceed with your
  case, you would be the plaintiff.
• A complaint is the document that sets forth the
  harm done to the plaintiff and a request for help
  from the court.

5
UPL Statements (continued)

• From what you have told us so far, it sounds
  like your complaint will be based on a claim of
  negligence.
• You must remember that I am only a paralegal,
  and that I cannot give you a legal opinion, but
  in my personal opinion, I think you have a very
  good case.

6
UPL Statements (continued)

• I will be taking notes about your case. The
  attorney will review my notes and get back to
  you. In the meantime, please sign this retainer
  agreement that describes our fees.
• Were you fearful when he raised his fist against
  you? This is an important question because it
  will support an assault and battery cause of
  action.