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Understanding Unauthorized Practice of Law and Legal Advice in Paralegal Services

This chapter explores the boundaries of legal advice and the unauthorized practice of law (UPL) by paralegals. It defines legal advice as applying legal knowledge to specific case facts, and outlines what constitutes UPL, including making predictions about case outcomes or suggesting courses of action. The text differentiates between actions permissible for paralegals, such as providing legal information and court forms, and restricted activities like rendering legal opinions. Relevant cases and examples illustrate these distinctions, helping readers understand the implications of UPL.

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Understanding Unauthorized Practice of Law and Legal Advice in Paralegal Services

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  1. 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.

  3. Actions That Are Not UPL • Giving instructions and legal information needed to handle their own cases • Providing appropriate court forms for customer’s use • Preparing forms at the direction of the customer • Filing court papers • Having forms served as directed by the customer. *People vs. Landlords Professional Services, 215 C.A.3d 1599

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

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

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

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