Unauthorized Practice of Law
Scenario 1
In the first incidence, when Patty, the paralegal, meets with the potential client of Larry’s lawyer to gather information about a car accident, Patty’s paralegal engages in impermissible action when he meets the client and asks him questions about the accident on behalf of the Larry Lawyer. It was wrong for Patty’s paralegal to meet with the client and interrogate him about the accident; that is the work of the authorized attorney, not of the paralegal officer. Thus, Patty paralegal engaged in the unauthorized practice of law by performing the duties reserved for the authorized attorney. However, the act of Patty Paralegal preparing the fee agreement was not against the law.[1] Paralegals can prepare the fee agreement but cannot sign it on behalf of the principal lawyer they are working for. The reason why Patty’s paralegal cannot assume the duty of interrogating the client is that he does not have enough legal knowledge that help in coming up with appropriate information that could help in handling the case. Even when Patty was asking a clarifying question, he did not seem professional; he appeared to be just an ordinary individual.
Scenario 2
In the second scenario, when Patty meets the second client, Patty did no impermissible action; he did not engage in any unauthorized practice of law. All the actions he did were within the law as a paralegal. It is for the paralegal to offer legal and related advice to the client apart from technical matters that need a practicing lawyer. Giving the client the definition of the term prima facie does not amount to an impermissible action because it is not technically legal advice.
Scenario 3
The third scenario, where Patty’s paralegal prepares and signs the bankruptcy forms on behalf of Larry’s lawyer, who is on vacation, amounts to unauthorized practice of law. In preparing the documents or filing, the Party was within the confines of the law. However, when Patty went ahead to sign the bankruptcy forms on behalf of the lawyer, he engaged in impermissible actions. Paralegals are not required by the law to sign such forms. It is the work of practicing lawyers such as Larry who are allowed to sign the forms.[2] Despite Patty working with bankruptcy cases for more than five years, his experience does not guarantee him to sign the bankruptcy forms and file themes on behalf of the practicing lawyer.[3] This is because when a lawsuit could arise, Patty would not go to court to say that he was the one who signed the forms. It is only a practicing lawyer like Larry who is supposed to go to court. Therefore, Patty did an impermissible action as a paralegal officer.
Scenario 4
In the last scenario, the Patty paralegal engaged in a wrong and impermissible action by contacting the long-term client to Larry, the lawyer, to notarize the client’s signature on the settlement agreement. As much as Patty had worked with Larry and the long-term client for three years, the law does not allow him to seek the client’s signature on the matters of the settlement agreement. Patty committed an impermissible action in that he engaged in the unauthorized practice of law, a move that should come only by a practicing lawyer.[4] Moreover, Patty acted ultra-vires by signing on behalf of Larry’s lawyer. The client reminded him whether he was doing the right thing, ignored it, and went head to sign. Moreover, Patty offered advice to the client by stating that the case would be difficult to win, and thus, settling was a good idea. This advice is supposed to come from Larry, the lawyer, not Patty, the paralegal.
References
Derek A. Denckla, Nonlawyers and the Unauthorized Practice of Law: An Overview of the Legal and Ethical Parameters, 67 Fordham L. Rev. 2581 (1999). Available at: https://ir.lawnet.fordham.edu/flr/vol67/iss5/32
Kathryn D. Folts, Collection Agencies and the Unauthorized Practice of Law: The Divorce of Function from Form in Alco Collections, Inc. v. Poirier, 680 So. 2d 735 (La. Ct. App. 1996), 77 Neb. L. Rev. (1998)Available at: https://digitalcommons.unl.edu/nlr/vol77/iss2/
[1] Derek A. Denckla, Nonlawyers and the Unauthorized Practice of Law: An Overview of the Legal and Ethical Parameters, 67 Fordham L. Rev. 2581 (1999).
[2] Kathryn D. Folts, Collection Agencies and the Unauthorized Practice of Law: The Divorce of Function from Form in Alco Collections, Inc. v. Poirier, 680 So. 2d 735 (La. Ct. App. 1996), 77 Neb. L. Rev. (1998)Available at: https://digitalcommons.unl.edu/nlr/vol77/iss2/
[3] Derek A. Denckla, Nonlawyers and the Unauthorized Practice of Law: An Overview of the Legal and Ethical Parameters, 67 Fordham L. Rev. 2581 (1999). Available at: https://ir.lawnet.fordham.edu/flr/vol67/iss5/32
[4] Kathryn D. Folts, Collection Agencies and the Unauthorized Practice of Law: The Divorce of Function from Form in Alco Collections, Inc. v. Poirier, 680 So. 2d 735 (La. Ct. App. 1996), 77 Neb. L. Rev. (1998)Available at: https://digitalcommons.unl.edu/nlr/vol77/iss2/
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Question 
Purpose of Assignment: The purpose of this assignment is to analyze specific case scenarios and be able to explain the impermissible actions (if any) and ways to avoid engaging in UPL.
Unauthorized Practice of Law
Course Competency: Explain the nature and ramifications of the Unauthorized Practice of Law (UPL).
Instructions: Content:
The following are scenarios you might encounter as a paralegal. Read each situation, and explain whether any impermissible action occurred. If there was a UPL that occurred, explain what you would have done differently and how to avoid engaging in that type of UPL in the future.
Patty Paralegal meets with a potential client of Larry Lawyer to gather information about his car accident. She asks him questions prepared by Larry Lawyer and writes down his answers. At times, she asks clarifying questions and comments, “Wow, the other driver sounds like he was driving pretty erratically. This should be a slam dunk for Larry.” At the end of the meeting, Patty prepares a fee agreement and tells the potential client to return it with a retainer for Larry.
Patty, a Paralegal, meets with a new client of Larry Lawyer. The new client is preparing sworn answers to discovery questions with Patty and asks what “prima facie” means. Patty provides the definition of prima facie and types up the client’s exact answers.
Larry, the Lawyer, is on vacation when a client comes in to file for bankruptcy. Patty, the Paralegal, has been working with bankruptcy cases for five years and prepares all of the forms for filing. The client wants the forms filed that week to avoid judgment on a credit card, so Patty finishes the forms, signs Larry’s name, and files them for him.
Patty Paralegal meets with a long-term client of Larry Lawyer to notarize his signature on a settlement agreement, which would settle his lawsuit. Patty has been working closely with Larry and the client for the last three years on the case. While getting ready to sign, the client asks Patty if she thinks he’s doing the right thing. Patty says yes that the case would be difficult to win, and settling is a good idea. The client then signs the agreement.
Format:
2 pages in length, with at least 3 references formatted according to Bluebook Standards.