Ben is a 25-year-old paralegal at a post-Superbowl party. In attendance at the party is his college
Question:
Ben is a 25-year-old paralegal at a post-Superbowl party. In attendance at the party is his college friend, Tom. Both guys are enjoying themselves. There were a lot of people smoking marijuana, including Tom, drinking beer, eating pretzels, and just having a good time. Ben was the designated driver for his friends, so he did not smoke or drink. At the end of the party, Tom said to Ben, "You are a paralegal. I haven't been drinking at all but I was smoked a lot of marijuana and I'm pretty high. Please tell me if I can drive home."
In response, Ben tells him:
Oh, I know the Ohio law on this. You can definitely drive home. You did not drink anything and only cocaine is considered a drug for driving purposes. I am sure the police won't stop you but even if they do, the law is on your side.
Unfortunately, it turns out that Ben was incorrect. Tom veered off the road and ended up driving into a tree, damaging his car. When the police came, they took a blood sample from Tom and found that he was driving under the influence of marijuana, which is illegal in Ohio. The officers immediately arrested him and jailed him for 3 days. Later on, points were added to his license.
Tom comes to your office and meets with your supervising attorney, John, to discuss the possibility of suing Ben based on his statement to Tom and Tom's reliance on it. Because Ben sincerely believed that what he was saying was true, John immediately rules out the possibility of suing him for fraud or misrepresentation. (Note: This means you should NOT deal with the possibility of suing him for fraud or misrepresentation or the like!)
Instead, Tom says to John, "Well, Ben isn't a lawyer. Isn't it wrong for him to tell me what the Ohio law is when he's not even a lawyer?" John replies, "Well, I know that it's unethical and even criminal to practice law without a license, but I don't know if you can sue someone for unauthorized practice of law. I'll have my star paralegal look into that."
After Tom leaves, John asks you to research this question, i.e., whether Tom can sue Ben based on his unauthorized practice of law, and to get back to him with an answer. Please prepare a properly researched essay to answer Tom's question.
Expert Answer:
Unauthorized practice of law refers to the act of practicing law without a proper license or authori... View the full answer
