Paralegal Ethics
Issue
One day, Mary walks into the bank to apply for a mortgage loan to purchase a new house. She and Dan have a long conversation about Mary taking out a mortgage. During the conversation, Mary is concerned that were she to default on her loan, her credit would be destroyed.
In response, Dan tells her
Don’t worry about it. If you don’t pay your loan, the only remedy the bank has is to foreclose on the house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter.
Unfortunately, it turns out that Dan was incorrect. When Mary defaults on her loan the next year, her credit is badly hurt.
Rule
The practice of law is more than just appearing in court on behalf of a client. Though no concise definition of practice of law exists, certain characteristics make it more likely that the Court will view certain conduct as the practice of law. An early South Carolina case, cited by other jurisdictions as well, stated that the practice of law includes “the preparation of legal instruments of all kinds, and in general all advice to clients and all action taken for them in matters connected with the law.” In re Duncan, 65 S.E. 210 (S.C. 1909).
The practice of law “extends to activities in other fields which entail specialized legal knowledge.” South Carolina v. Buyers Serv. Co., 357 S.E.2d 15 (S.C. 1987).
Here are some examples of practicing law that newbies might not initially understand to be legal advice:
Determining whether case facts apply to the law, or how the law applies to facts in a particular case.
Offering an opinion about whether something is a "good idea" or "bad idea."
You can summarize a particular rule or statute, but you can't provide an opinion about its application to a case. You also cannot interpret the law for someone. If you're unsure about it, defer the question to an attorney.
Do not direct someone to a particular
One day, Mary walks into the bank to apply for a mortgage loan to purchase a new house. She and Dan have a long conversation about Mary taking out a mortgage. During the conversation, Mary is concerned that were she to default on her loan, her credit would be destroyed.
In response, Dan tells her
Don’t worry about it. If you don’t pay your loan, the only remedy the bank has is to foreclose on the house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter.
Unfortunately, it turns out that Dan was incorrect. When Mary defaults on her loan the next year, her credit is badly hurt.
Rule
The practice of law is more than just appearing in court on behalf of a client. Though no concise definition of practice of law exists, certain characteristics make it more likely that the Court will view certain conduct as the practice of law. An early South Carolina case, cited by other jurisdictions as well, stated that the practice of law includes “the preparation of legal instruments of all kinds, and in general all advice to clients and all action taken for them in matters connected with the law.” In re Duncan, 65 S.E. 210 (S.C. 1909).
The practice of law “extends to activities in other fields which entail specialized legal knowledge.” South Carolina v. Buyers Serv. Co., 357 S.E.2d 15 (S.C. 1987).
Here are some examples of practicing law that newbies might not initially understand to be legal advice:
Determining whether case facts apply to the law, or how the law applies to facts in a particular case.
Offering an opinion about whether something is a "good idea" or "bad idea."
You can summarize a particular rule or statute, but you can't provide an opinion about its application to a case. You also cannot interpret the law for someone. If you're unsure about it, defer the question to an attorney.
Do not direct someone to a particular