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.

Actions That Are Not UPL o Giving instructions and legal information needed to handle their own cases o Providing appropriate court forms for customer’s use o Preparing forms at the direction of the customer o Filing court papers o Having forms served as directed by the customer. * People vs. Landlords Professional Services, 215 C.A.3d

What Statements Are UPL? o “A plaintiff is a person who starts a lawsuit. A defendant is a person who is sued.” o “If the attorney decides to proceed with your case, you would be the plaintiff.” o “A complaint is the document that sets forth the harm done to the plaintiff and a request for help from the court.” 4

UPL Statements (continued) o “From what you have told us so far, it sounds like your complaint will be based on a claim of negligence.” o “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.” 5

UPL Statements (continued) o “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.” o “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.” 6