Deck 2: Unauthorized Practice of Law

Question 1

Connie Paralegal is divorcing her husband. She hired a lawyer but has decided that she does not want to pay for a lawyer. She fires the lawyer and makes a court appearance by herself against her husband's lawyer. Connie

A) has committed UPL because she must have a lawyer represent her.
B) has not committed UPL because she has the right to represent herself.
C) has committed UPL because paralegals cannot make appearances in court.
D) has committed UPL but will not get in trouble for it unless the lawyer complains.

Answer 1

B

Question 2

Ethan Lawyer is in a hurry today (just like every day.) As he is running out the door to a hearing, he says to Isabella Paralegal "Call Ms. Client and tell her that she should not pay the tax penalty because IRS Code 502 says she doesn't have to." Later that day, Isabella calls Ms. Client and says "Ms. Client? This is Isabella at Ethan Lawyer's office. I'm calling to say that you should not pay the tax penalty. IRS Code 502 says that you don't have to." Isabella

A) did not commit an act of misrepresentation so long as she has introduced herself before to Ms. Client
B) did not commit an act of misrepresentation if she called Ms. Client on her own time, not work time.
C) committed an act of misrepresentation only if she was speaking to an answer machine, not Ms. Client.
D) committed an act of misrepresentation when she did not identify herself as a paralegal.

Answer 2

D

Question 3

The law of the unauthorized practice of law says that it is UPL to "create legal documents for others." Given this rule, why is it that paralegals are routinely used to create legal documents in law firms?

A) The rule doesn't mean "create" legal documents. It really prohibits non lawyers "signing" legal documents in place of a lawyer
B) The rule against "creating legal documents for others" applies to legal clinics, not other places where paralegals work.
C) The rule is an old rule and is no longer applicable.
D) Paralegals can prepare legal documents for others outside of the supervision of a lawyer so long as the paralegal is not present when the client signs the document.

Answer 3

A

Question 4

Drake Paralegal's cell phone rang. When he answered it, his best friend, who lives in another state, said: "Drake! I've just been stopped by the police! What should I do?" Drake responded: "Keep your mouth shut except to ask for a lawyer." Then the phone connection was lost. Which of the following is true?

A) Drake's response was not UPL because his friend did not specifically ask for legal advice.
B) Drake's response was not UPL because it was not legal advice, just common sense advice.
C) Drake's response was UPL because he assessed his friend's legal need, applied his knowledge of the law to it, and gave a response.
D) Drake's response was UPL because he gave advice in a criminal matter.

Question 5

Paula Paralegal's mother called her with the following statement: "I'm considering writing a holographic will." Paula responded: "Mom, don't do that. Holographic wills are often disregarded by the courts due to technical errors." Paula's response:

A) is not UPL because she was speaking with her mother
B) is likely UPL because she applied her knowledge of the law to her mother's statement and gave her mother a response
C) is likely UPL because the law of wills is extremely complicated so discussion about it obviously requires the skill and judgment of a lawyer
D) is not UPL because her mother did not ask her for legal advice

Question 6

Emily works as a tax accountant. Yesterday she gave her client (Mr. Johnston) some bad legal advice when she told him that he can move his money to an off-shore bank and renounce his American citizenship in order to protect his money from U.S. taxes. As a result of this advice, Emily

A) is not guilty of UPL because tax accountants typically give this type of advice as part of being an accountant.
B) is not guilty of UPL if she is not negligent.
C) is guilty of UPL and legal negligence.
D) is guilty of UPL and accounting negligence.

Question 7

You live in the State of Mesaro. According to Mesaro state law, lay people may represent claimants before the Workers' Compensation Appeals Board. This Board hears appeals from people who have been denied workers' compensation after being injured on the job. Johanna leased space in an office building and put a sign on the door "Johanna Ritter -- Workers' Compensation Appeals Representative." This sign is

A) misrepresentation if any member of the public mistakes Johanna for a lawyer
B) not misrepresentation so long as Johanna did not mean to misrepresent her status
C) misrepresentation plain and simple.
D) not misrepresentation so long as Mesaro state law does not include specific verbage that Johanna must use and so long as the language is not otherwise confusing to the public

Question 8

Grif Griffin is a paralegal. His cousin, Snap Griffin, got a speeding ticket for which a court appearance is mandatory. Snap is afraid that he will be sent to jail for other outstanding speeding violations and fines if he appears in jail. Snap has Grif make his appearance for him. Grif:

A) is fine so long as Snap puts something in writing appointing Grif his representative.
B) has practiced law without a license the minute he tells Snap that he will represent him.
C) is fine only if he gets a formal, notarized Power of Attorney from Snap.
D) is practicing law as soon as he opens his mouth in court to represent Snap.

Question 9

Claudio wants to apply to change his student Visa to a work permit Visa. He goes to the ABC Legal Clinic but there are no lawyers there - only paralegals. Claudio is okay with that because he can fill out the form without help. However, when he gets to the blank that says "Middle Name" he doesn't know what to do. Claudio doesn't have a middle name. When he asks a paralegal at the ABC Legal Clinic what to do with this blank, the paralegal

A) should not answer the question because to do so would be UPL
B) should answer the question but get the answer verified by a lawyer so that the advice is not UPL
C) should give Claudio the answer because the answer to such a question does not entail "giving legal advice."
D) should get the instructions for filling out the form, circle the answer to that question and hand it to Claudio to avoid UPL

Question 10

Christopher is the owner of Christopher's Typing and Legal Services. Sophia goes to Christopher and says "I have to file bankruptcy because my house went into foreclosure. Where should I start?" Christopher replies "If you pick out the form and fill it out, I will type it for you for $25.00. You don't have to have it typed. You can just buy the form for $5.00, fill it out in pen and file it yourself." Christopher

A) commits UPL when he tells Sophia to pick out a form.
B) has not yet committed UPL in this hypothetical.
C) commits UPL when he tells Sophia that the form does not have to be typed because court procedure is legal advice
D) commits UPL if he sells a form to Sophia.

Question 11

Jacob has been a paralegal for over 10 years and is now in his third year of law school. As part of his law school training, Jacob is participating in the schools Law Student Defense project where certain law students represent indigent criminal defendants in court. When he is in court, Jacob

A) is not guilty of UPL because he has the requisite education and training to represent others in court.
B) is guilty of UPL because, as a paralegal, he should not be representing others in a court of law.
C) is not guilty of UPL because the law permits law students who are participating in these types of projects to benefit the indigent defendants by practicing law under the supervision of a lawyer.
D) is guilty of UPL only if he does not identify himself to the judge as a law student AND a paralegal.

Question 12

Christopher is the owner of Christopher's Typing and Legal Services. Sophia goes to Christopher and says "I have to file bankruptcy because my house went into foreclosure. Where should I start?" Christopher takes Sophia to a wall filled with clear boxes of forms and says "Pick the form that you want to use." When Sophia starts to pull the Chapter 11 form out of the box, Christopher shakes his head very slightly. Sophia puts the form back. Then she reaches for the Chapter 7 form and glances sideways at Christopher. He smiles. Christopher

A) could not have committed UPL because he hasn't said anything.
B) could not have committed UPL because he has not applied his knowledge of the law to Sophia's fact pattern and given her the answer verbally
C) committed UPL when he indicated to Sophia that she should not use the
D) committed UPL the minute Sophia walked into his place of business.

Question 13

Waldo Majong has a legal problem that is very technical and deals with stem cell research. After searching for many years for a lawyer who is well-versed in this area, Waldo decided that he really needs a doctor to represent him because none of the lawyers can get through the technical medical part of the legal issue. The doctor he hired has been to law school, but did not take the bar exam. Waldo is satisfied with the doctor's ability to argue the law. If Doctor represents Waldo

A) Doctor will not be guilty of the unauthorized practice of law because he was Waldo's only choice.
B) Doctor will be guilty of the unauthorized practice of law if he gives Waldo any legal advice or represents him in court.
C) Doctor will be guilty of the unauthorized practice of law unless the judge approves of Doctor's representation.
D) Doctor will not be guilty of the unauthorized practice of law so long as he behaves responsibly in court and gives Waldo good legal advice.

Question 14

Attorney Ava has a small law office in the State of Mesero that represents over 400 little corporations. They have very few legal problems, but the corporate structure requires upkeep - things like annual meetings of shareholders and changes of by laws to conform to changing law. This year Mesero changed its law to require the shareholders of small corporations to meet twice each year instead of once. Ava hires a freelance paralegal (Madison) to contact all of Ava's clients and walk them through the process of updating their by laws, giving notice of the meeting, taking meeting minutes, and getting all of the correct signatures on all of the documents. Ava is concerned about Madison committing UPL by speaking on the phone with clients and answering their questions. What should Ava and Madison do?

A) They should not worry about Madison speaking on the phone. So long as Ava is present in the office, Madison will not be committing UPL when she answers questions.
B) Nothing they can do. It will be UPL if Madison makes these phone calls.
C) Ava and Madison should create a script for Madison to read from. When a client asks a question, Madison can read the answer from the script.
D) Ava and Madison can rehearse what answers Madison should give to typical questions clients will have

Question 15

Sandy Glastor (Paralegal) has joined his family for Thanksgiving. Sandy's grandfather asks a general question (to everyone sitting at the table) about writing a holographic will on letterhead stationery. (Does the printed part of the stationery invalidate the will because the will is not written entirely in the testator's handwriting.) Sandy takes Grandfather's question as a hypothetical and responds to it along with everyone else at the table throwing in their opinions. Later that night, Grandfather rewrites his holographic will on a blank piece of paper based on Sandy's reply to the question. Which of the following is true?

A) Sandy is not guilty of UPL because he gave his answer as generic advice, not specific advice.
B) Sandy is guilty of UPL because he applied his knowledge of the law to a legal question and gave an answer.
C) Sandy is not guilty of UPL because he did not know anyone would rely on what he said.
D) Sandy is guilty of UPL because Grandfather took Sandy's words as legal advice.

Question 16

Andrew Paralegal works for Madeline Attorney, a very busy woman. Sometimes when Andrew needs to have his work supervised, Madeline is too busy. Andrew is pretty self-sufficient, so he just deals with it, covering up for the fact that Madeline does not review his work. Andrew

A) is only guilty of UPL if Madeline is aware that he needs to have his work supervised.
B) is only guilty of UPL if Madeline is not aware that he needs to have his work supervised.
C) cannot be guilty of UPL so long as he is working for a law firm. UPL is for people who do not work for lawyers.
D) is probably guilty of UPL because his work is not being supervised. He is essentially practicing law if Madeline does not review his work.

Question 17

Client G is sitting in the lobby of the law firm of Gribbens & Blotts. She turns to the receptionist and says "I'm going to court with Mr. Gribbens tomorrow. Do you think these high heels are appropriate?" The receptionist looks at G's shoes and replies "I think they are perfectly fine." As the receptionist committed UPL?

A) No, because G was not asking for, nor did the receptionist give, legal advice.
B) Yes, because she gave legal advice to Client G.
C) Yes, because she gave advice to Client G
D) No, because the receptionist is perfectly qualified to answer G's question.

Question 18

Christopher is the owner of Christopher's Typing and Legal Services. His company is a corporation. The company was served with a notice that it is not in compliance with city ordinances regarding signage on the building. Unfortunately, Christopher forgot about the notice and now it has become a misdemeanor citation. Christopher

A) can make a court appearance for the corporation so long as he has a signed Power of Attorney from the corporation.
B) can make a court appearance to argue the citation because he is the owner and sole shareholder of the corporation.
C) can make a court appearance if the citation is for under $500 because no one needs a lawyer for such a small amount.
D) cannot make a court appearance to argue the citation because he is not a lawyer and corporations must be represented by a lawyer.

Question 19

Ethan Lawyer is in a hurry today (just like every day.) As he is running out the door to a hearing, he says to Isabella Paralegal "Call Ms. Client and tell her that she should not pay the tax penalty because IRS Code 502 says she doesn't have to." Later that day, Isabella calls Ms. Client and says "Ms. Client? This is Isabella at Ethan Lawyer's office. I'm calling to say that you should not pay the tax penalty. IRS Code 502 says that you don't have to." Isabella

A) probably did not commit UPL because telling the client not to pay a tax penalty is not legal advice.
B) probably did not commit UPL because she was just acting as the conduit of information from Lawyer to Client
C) probably did not commit UPL because she did not understand the information. She just passed it along.
D) probably committed UPL because she gave Ms. Client legal advice.

Question 20

Abigail Attorney is a sole practitioner. When she hires her first paralegal, she wants her law firm to reflect that 100% growth. She changes the name of the firm to Abigail Attorney & Associates and gets her paralegal business cards that designate the paralegal as "associate." Which of the following statements is true?

A) Abigail is guilty of misrepresentation if she misleads (intentionally or unintentionally) members of the public regarding the status of the paralegal as a non lawyer.
B) Abigail really needs help from her paralegal! She cannot call her paralegal "an associate" because that will mislead the public into thinking that the paralegal is a lawyer and, since she cannot call the paralegal "an associate," she cannot change the name of the law firm because that would be misleading, too.
C) Abigail violates the law when she calls her paralegal an "associate" because most members of the public understand "associate" to mean "lawyer."
D) Abigail violates the law providing the business cards because they are misleading, but she can call her law firm anything she likes. There are no laws regulating law firm names.