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

Quizplus · Accepted Answer

Drake is a paralegal and therefore giving legal advice without proper authorization is considered Unauthorized Practice of Law (UPL). In this scenario, Drake assessed his friend's legal situation, applied his knowledge of the law, and gave advice on what action to take. This constitutes as giving legal advice and therefore can be considered UPL.

Drake Paralegal's Cell Phone Rang