Do "Spot the issue" on page 35. Then find three California cases that describe the unauthorized practice of law. In a brief memo, describe the facts, the law and the outcome of the case. Then read the following article:
Wednesday, January 30, 2013
Monday, January 28, 2013
We will have a handout in class. If you didn't make it to class, pick it up next class. Please complete the handout and the following questionst below. IF you finish all this work, work on your homework for next class.
Test your knowledge of legal ethics in California. See how well you do. If you intend to be a Paralegal or Legal Document Assistant (LDA), you need to be very familiar with the ethical rules that apply to lawyers and their staff.
Test your knowledge of legal ethics in California. See how well you do. If you intend to be a Paralegal or Legal Document Assistant (LDA), you need to be very familiar with the ethical rules that apply to lawyers and their staff.
1. Giving legal advice includes:
a. Directing a client how to proceed in a matter that potentially has legal consequences.
b. Helping a client fill out court-related forms.
c. Explaining to a client his or her legal rights and responsibilities.
d. A and C only.
2. The term “independent Paralegal” in California can include a Legal Document Assistant. TRUE or FALSE
3. Lawyers are obligated not to aid in the unauthorized practice of law. TRUE or FALSE
4. Law students can make court appearances without supervision of an attorney. TRUE or FALSE
5. The emergence of the paralegal profession has resulted in the increase of unauthorized practice of law prosecutions. TRUE or FALSE
6. Representing oneself in a lawsuit can be considered the unauthorized practice of law. TRUE or FALSE
7. No one definitive list of activities constitutes the practice of law. TRUE or FALSE
8. According to the generally understood definition o the practice of law, the preparation of court pleadings and other papers related to a lawsuit and the management of the lawsuit is generally included within the definition of the practice of law. TRUE OR FALSE
9. Education for Paralegals in California
a. Is required by law
b. Is required by the job market
c. Requires an associate’s degree
d. Requires a law degree
10. The only California law that is relevant to legal ethics is the California Business and Professional Code. TRUE or FALSE.
Thursday, January 24, 2013
Monday, January 21, 2013
You can find the syllabus for this class the the following link here.
Today's assignment after the lecture on legal ethics and how to check an attorney's discipline record is for students to do a research project in which they answer the following questions:
1. What is the difference between certified and certificated paralegals?
2. What is the "Unauthorized Practice of Law" in California and what California code sections define it?
Today's assignment after the lecture on legal ethics and how to check an attorney's discipline record is for students to do a research project in which they answer the following questions:
1. What is the difference between certified and certificated paralegals?
2. What is the "Unauthorized Practice of Law" in California and what California code sections define it?
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