Question: Module 01 Discussion - Rules Affecting UPL for Attorneys and paralegals Module 01 Discussion - Rules Affecting UPL for Attorneys and paralegalsDiscussion TopicActivity Time: 02hours
Module 01 Discussion - Rules Affecting UPL for Attorneys and paralegalsModule 01 Discussion - Rules Affecting UPL for Attorneys and paralegalsDiscussion TopicActivity Time:
02hours
Directions:
In general, lawyers receive a license to practice law from the highest court in their state and may not practice law in another state unless licensed in the second state. The practice of law has been explained as giving advice or services "when the giving of such advice or rendition of such service requires the use of any degree of knowledge or skill."People ex rel. Bar Ass'n v. Schafer, 404 Ill. 45 (Ill. 1949). That begs the question though, where is the line between giving legal advice, or providing a personal opinion? This week, explain where you consider the line to be between legal advice and personal opinion, and provide an example in which the line is crossed from providing a personal opinion to that of providing legal advice. Is there a grey area depending on whether you're a lawyer or a paralegal?
For the response to your peers, analyze your peer's example, and provide advice as to how the unauthorized practice of law could have been avoided in the situation your peer described.
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