Paralegal Malpractice
Sally can suggest that Molly talk to her (Sally’s) attorney that she works with and set up an appointment with them to talk to them and see what they can do about her problem with her doctor and her knee surgery. As Molly doesn’t have any money, Sally can help her by helping her find someone who does Pro-bono cases for malpractice. Sally can tell her whether or not she has a good case but she can’t really tell her what to do, where to go, or even what papers to file to start the case. If she were to tell Molly what to do, where to go, or even what papers to file to start the case she could get into serious trouble for UPL’s (un authorized practice of law). As a paralegal, Sally can’t establish client-attorney relationships, set legal fees, give opinions or advice that involve legal matters, or even represent Molly before the court with her case. These things listed are called UPL’s. If an attorney messes with the UPL’s the consequences could be being reprimanded, which is being firmly scolded. She could be suspended, which is temporarily being unable to practice as a paralegal for a short time. Sally could even be Disbarred, which means being unable to practice as a paralegal in any law firm forever. Sally could even be imprisoned for messing with the UPL’s. If sally were to become imprisoned, it could bar her chances of ever being able to get a job in any other field that she chooses. There is also a civil liability for negligence, and criminal liability.
If Sally wanted to be able to help Molly fully with everything she would need to go back to school for a few more years and take the BAR exam to practice law in the way that would be able to help Molly. She would need a bachelor’s degree. If she were to do this, she wouldn’t get into trouble for helping Molly because she wouldn’t have to worry about the UPL’s and violating them. But as Sally is only a Paralegal, she is self-regulated by bar associations, state supreme courts, state legislatures, and the United
If Sally wanted to be able to help Molly fully with everything she would need to go back to school for a few more years and take the BAR exam to practice law in the way that would be able to help Molly. She would need a bachelor’s degree. If she were to do this, she wouldn’t get into trouble for helping Molly because she wouldn’t have to worry about the UPL’s and violating them. But as Sally is only a Paralegal, she is self-regulated by bar associations, state supreme courts, state legislatures, and the United
Cited: http://vizedhtmlcontent.next.ecollege.com/CurrentCourse/Wk2-Ch3-EthicsandProfessionalResponsibility.pdf Week 2 Learning Activity 2 video and slide show.