2 important issues for paralegals today licensing and unauthorzed practice of law by non-lawyers - Research Paper Example

Comments (0) Cite this document
The unauthorized practice of law is regarded in many states as the practicing of the law by an unlicensed person, or generating a notion in the public through advertisement that he/she is able to offer services on law related matters, that only a licensed attorney is allowed to…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.9% of users find it useful
2 important issues for paralegals today licensing and unauthorzed practice of law by non-lawyers
Read TextPreview

Extract of sample "2 important issues for paralegals today licensing and unauthorzed practice of law by non-lawyers"

Presentation The un ized practice of law is regarded in many s as the practicing ofthe law by an unlicensed person, or generating a notion in the public through advertisement that he/she is able to offer services on law related matters, that only a licensed attorney is allowed to offer. Such a person is usually untrained and is likely to jeopardize the interests of unsuspecting clients, and offering such services is considered to be illegal. The unauthorized lawyers offer incompetent services in weighty legal matters, which makes states prohibit the practice, unless if a person is representing him/herself. For example in some states, it is regarded as a felony which can lead to a sentence of a minimum of five years, or a fine of not less than five thousand dollars, regardless of whether the unauthorized person had permission from court (Susan 2007 p 158). However, other states grant permission to unlicensed people to offer certain services such as selling legal forms, and providing common instructions and other services whereby the interest of clients may not be put at stake. They are preferred by clients because they charge lower prices than the attorneys.
Blades and Vermylen (2004 p 642) observe that information technology has brought drastic changes in the legal profession. People are able to access critical information regarding legal issues from the internet. This has been a major improvement in enlightening the public regarding their legal rights. However, people are exposed to the wrong information generated by the unauthorized practicing lawyers that can jeopardize their rights. This is because both the authorized and unauthorized lawyers can post unlimited information on websites. The most risky part is where a client completes a deal in the website, where there is no interaction between the lawyer and the client. Such passive websites may be used by laymen and may not offer the correct information regarding legal matters, a problem that has recently raised concerns in many states (Tony 2004 p 227). However, secure methods such as the use of cautiously developed disclaimers are in use by lawyers in order to separate between the unauthorized practices of law from the licensed lawyers.
The use of measures for identification through the use of disclaimers have been significant in ensuring that only the authorized lawyers serve clients, but without any deals being completed in the website. They only provide general information, making it less attractive to people in the unauthorized practice of law (Blades and Vermylen 2004 p 644). In many states, courts have moved in to establish important parameters that are significant in the determination of cases of unauthorized practice of law. One of these parameters is to ascertain that the service offered is within the practice of law according to the understanding of the courts. Secondly, it has to be understood whether the service needs to be offered by an expert in legal matters, and whether the service rendered is beyond the knowledge of a lay man, and thirdly, the impact of the service on the person to whom they were offered. These parameters are important in assessing whether there is unauthorized practice in offering legal services, after which the prosecutions and injunctions can be carried out against the offenders.
In my opinion, the main problem when it comes to the unauthorized practice is when legal advice is offered instead of general advice concerning legal issues. For example, Paralegals my offer services to a certain extent especially concerning general information, such as advice to clients regarding whether they are likely to win their case. But under no circumstances should advice concerning individual rights and responsibilities in regard to the existing law and legal standards be obtained from them. They are not supposed to offer an opinion on legal matters regarding the facts about a particular situation. There is a particular threshold they should not cross. Actions beyond such a point may lead to consideration as unauthorized practice that is punishable by the law.
1. Blades M. and Vermylen S. "Virtual Ethics for a New Age: The Internet and the Ethical Lawyer," The Georgetown Journal of Legal Ethics 6.3 (2004): 637-657
2. Susan D. H. Enforcing Unauthorized Practice of Law Prohibitions: The Emergence of the Private Cause of Action and its Impact on Effective Enforcement. The Georgetown Journal of Legal Ethics 19.6 (2007): 156-167
3. Tony A. Supreme Court balks at Unauthorized Practice of Law commission, Wisconsin Law Journal 16.5 (2004): 223-236 Read More
Cite this document
  • APA
  • MLA
(“2 important issues for paralegals today licensing and unauthorzed Research Paper”, n.d.)
2 important issues for paralegals today licensing and unauthorzed Research Paper. Retrieved from
(2 Important Issues for Paralegals Today Licensing and Unauthorzed Research Paper)
2 Important Issues for Paralegals Today Licensing and Unauthorzed Research Paper.
“2 Important Issues for Paralegals Today Licensing and Unauthorzed Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF 2 important issues for paralegals today licensing and unauthorzed practice of law by non-lawyers

Economics for Lawyers (Law and Economics) pertinent to explore different points of views on the firm and its unique position in the market. The views of Coase, Penrose and finally Richardson will be explored in this paper in order to see how firms interact to form market structures and how these structures require the assistance of the law. 2. Defining The Firm Within the perspective of business, a firm can simply be seen as an organisation that is involved in the provision of goods and services or a combination of both to consumers1. Here it must be kept in mind that the work of such an organisation is determined by market consumption otherwise this definition would fit other organisations as well such as military organisations and the like....
16 Pages(4000 words)Essay

Law of Non Contradiction

...and hence could readily expect the results that go with an unhealthy lifestyle, irrespective of my commitment to stay healthy and fit. This catechism indeed turned out to be an eye opener for me and made me really respect the validity of the law of non contradiction in daily life. There is no denying the fact that one could really avoid many self inflicted delusions by testing the validity of one’s personal beliefs, values and decisions, by applying to them the litmus test of the law of non contradiction. References Anton, Corey. (2009). Words to Live by: Scholarly Quotations as Proverbial Theory. A Review of General Semantics, 66(2), 167-172. Hass,...
3 Pages(750 words)Essay

Property Law: Formalities Make Lawyers Rich

...? Formalities Make Lawyers Rich and the Ill-Informed, Poor Whether formalities do little apart from making lawyers rich and the ill-informed poor or not is subject to a lot of arguments. The side anyone takes in the argument would largely depend on their viewpoint. In property law, like many other aspects of law, formality is required in certain transactions. The law often prescribes some forms that must be enforced. In some cases, when an agreement does not meet the recommendation of the law, it will not be enforced. However, it must be emphasised that formalities are not required in every transaction. Formalities take time; the time...
3 Pages(750 words)Essay

Law for non-lawyer

...Law for Non Lawyers: Scenario Introduction The law is an important instrument for enhancing orderliness and peaceful co existence within the community. Relative rules play an important role in shaping and guiding behaviour accordingly. They provide benchmarks for shaping the behaviour of the populations in a bid to ensure that these are within the expectations of the society. For those who violate important legal provisions, the penal code facet of the law provides for the punishments that respective individuals should be exposed to. Essentially, there are laws governing criminal...
8 Pages(2000 words)Case Study

Law for Non-Lawyers

...1861. For this reason, going against the law under the section 18 may attract a capital punishment, or rather a lifetime imprisonment. However, in case, the Crown Court manages to open a case to sentence Billy, there is a need to provide hard evidence that proofs him guilty. For instance, there would be a need to for more concrete evidence, for example, sustained injuries or marks that Hilda sustained after being battered. In addition, eyewitnesses are also important in testifying what they saw or heard (Ferraro and Boychuck 209). In this case, under the Youth Justice and Criminal Evidence Act 1999 it affirms on the special measures. It affirms that if a party commits violence in front of children under...
8 Pages(2000 words)Case Study

Property Law&Practice 2

...? Property Law and Practice The landlord and tenant act 1954 is one of the United Kingdom’s acts. The act extends to Wales and England (Baum, et al., 2011, p. 171). The act has several stipulations, which when followed will help ABC manage the premises effectively. The efficient management will have a positive impact on the returns on investment. It has quotations that govern several businesses, properties and tenants. Part II, of the act, contains the statutory code that governs business tenancies. The initial part, Part II of the act whose stipulations dealt with the protection of the residential tenancies, is in the modern days greatly outdated. The main reason that leads to the formulation of part II...
10 Pages(2500 words)Coursework

Agency,innkeepers doctrine,and liquor licensing law

...are each guilty of an offence. For the licensee, or the responsible person for the licensed premises -$20,000 for any other person - $5000. (2) A licensee who permits a minor to consume liquor on the licensed premises is guilty of an offence - $20,000." In the given problem, Allen turned out to be a minor (15 years old) and hence, the hotel, Denny and Rose maybe held liable under the abovementioned provision of the Act. (d) Furthermore, Denny and the hotel may also be held liable under Section 107 of the Act prohibiting minors from being employed to serve liquor in licensed premises if it is true and if it is proven that Denny's son Brad, who is only 16, sometimes...
8 Pages(2000 words)Case Study

SXL1114/2114: Law for Non-Lawyers be done which actually harms a person, his property, or likely to cause harm as enunciated in R. v Howell constitutes as disturbing the peace. Intent to cause harm or disturb the peace is not an essential element. It is sufficient to show that the right of the local public in general or an individual in particular to enjoy a reasonable degree of peace and security was breached. Although intent in breach of peace is not an essential element, it is important to consider his intent in the event that he uses lack of intent to escape from liability. Given the details of the circumstances behind the incident we need to decipher Derek’s actual intention. Was it his intention to invite only a few friends over to celebrate...
8 Pages(2000 words)Essay

Law for Non-Lawyers Summative Assignment discovering the true intention that the legislature intended and put that into practice. Judges have been interpreting statutes for centuries now. In the past, though, the statutes were being drawn by very competitive legislature people and made the issue of interpretation almost non-existence, the same cannot be said of today. The task of interpretation of statutes has become very critical in the nineteenth, twentieth and twenty first centuries. The courts always find it necessary to interpret the statutes even though they have been drafted by experts. Some of the reasons that may be attributed to the inconsistencies, and therefore the need for interpretation,...
8 Pages(2000 words)Assignment

Law for Non-Lawyers

.... In accordance with the analysis of the rules and principles of the interpretation of statute it can be concluded that the defendant, Tom has committed an offence under the Prohibition of Unsolicited Parties (Fictitious) Act 2010 because as a non-exempt person he did not seek the authorization of a local magistrate to organize a social gathering of over hundred people, intentionally or by error where the consumption of alcohol was likely. Bibliography Dorsey, T. A. (2010). Statutory Construction and Interpretation: General Principles and Recent Trends; Statutory Structure and Legislative Drafting Conventions; Drafting Federal Grants Statutes; And Tracking Current Federal Legislation and Regulations. The Capitol Net...
8 Pages(2000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic 2 important issues for paralegals today licensing and unauthorzed practice of law by non-lawyers for FREE!

Contact Us