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Chapter 2

Chapter 2. The Unauthorized Practice of Law. 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 case’s outcome. Suggesting a course of action

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Chapter 2

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  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 case’s 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 customer’s 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.”

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