Preview

Upl Unit 8

Satisfactory Essays
Open Document
Open Document
526 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Upl Unit 8
Unauthorized Practice of Law
Kayla Leach

Kaplan University

Legal Ethics

Professor Young

6/9/2012

Mr. and Mrs. Smith both started the issue of UPL for Polly Paralegal when they both called her. Mr. Smith called Polly Paralegal to see what the grounds for a divorce are in North Carolina. He didn’t get ahold of her so he left her a message on her answering machine. Later that day Mrs. Smith calls and leaves a message on Polly’s answering machine also, asking if she has grounds for a divorce in North Carolina because she found out her husband committed adultery. There are a couple of issues here. The first issue is if Polly Paralegal contacts Mr. Smith and does more than take information for her to give to the supervising attorney then she will be engaging in UPL. The second issue is they both called a mutual friend who has legal knowledge and asked for legal advice knowing she’s not an attorney and can’t answer their questions. The third issue is if Polly contacts both Mr. and Mrs. Smith about their divorce then that creates a conflict of interest. In every state it is illegal for a paralegal to practice law, they are not attorneys. If Polly Paralegal contacts them and gives them legal advice she would be engaging in UPL because she would be acting as an attorney but she is not an attorney. The best thing for her to do is tell them she cannot give them legal advice because she is not an attorney but she can get the information and give it to her supervising attorney so he or she can help Mr. and Mrs. Smith with their divorce situation. In order to find out if Polly Paralegal would be engaging in UPL if she answers Mr. and Mrs. Smith you have to know what UPL is and the rules. UPL is short for unauthorized practice of law. UPL is basically when an attorney practices law where they are not licensed to and paralegals are not allowed to give legal advice. Attorneys can only practice law in the states where they are licensed. Paralegals

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Detlor Paralegal Services will provide affordable, reliable, informative, and honest assistance to clients including legal services and representation in Landlord and Tenant Board matters, civil matters before the Small Claims Court, and help victims receive compensation at the Criminal Injuries Compensation Board. As the business grows, William Detlor, Paralegal may expand its practice to include matters under the Provincial Offences Act and employment law.…

    • 360 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Unit 8 Lab 8

    • 1017 Words
    • 8 Pages

    If you used the number of bytes instead you would get a whole different amount of possible networks which isn’t right.…

    • 1017 Words
    • 8 Pages
    Satisfactory Essays
  • Better Essays

    Froogle V. Mary Ccp 410.10

    • 1122 Words
    • 5 Pages

    The issue is whether or not Froogle has jurisdiction over Mary who is an out of state resident and business owner.…

    • 1122 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Unit 9 P1

    • 780 Words
    • 4 Pages

    Unit 9- Outdoor and Adventurous Expeditions P1- Describe 4 Different Expeditions By: Hayley Hawkins Anna McNuf Aim: Cycle 11,000 miles around 50 USA states along with to get kids and communities inspired on bikes and to raise awareness and funds for a chosen charity Year: July, 2013 Expedition: cycle 11,000 miles through North America, taking in one beautiful Canadian province and all 50 states of the USA. Starting in Alaska and ending with Hawaii Goal: Cycle through 50 States Equipment- clothes, bike, tent, sleeping bag, map, cycling shoes, water cleaner (Jet Boil Flash), GO PRO, Ipad and Iphone. Starting in Alaska and ending in Hawaii, I'll pedalled, unassisted, through each and every US state.…

    • 780 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The paralegal can avoid UPL by informing clients and other parties that they are not lawyers (Goldman and Cheeseman 45). Most notably the…

    • 837 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Frank and Judy is a married couple that is experiencing problems and are considering divorce. Before going through with the process, they decide to seek help from marriage counselors. In this case, there are three counselors involved in their therapy.…

    • 519 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The American Association for Paralegal Education believes that academically qualified paralegals are those with bachelor’s degree in legal studies. (F)…

    • 516 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Paralegals may practise in all areas of law that lawyers do provided they are licensed…

    • 1357 Words
    • 10 Pages
    Satisfactory Essays
  • Good Essays

    Ptlls Unit 8

    • 1071 Words
    • 5 Pages

    1.1 Legislative requirements are defined by law, The health and safety act 1974 ensures a safe working environment. The electricity at work regulations 1989, The COSHH 2002 regulations protects people against any chemical/substances hazardous to health, the MHOR 1999 how to move equipment safely without injury. The data protection act 1998, The equality act 2010 involves race relations and disability, age, Each has their own act , sex discrimination act 1975 and age discrimination act 2006. RIDDOR 1995 for the reporting of injuries,disease and dangerous occurrences.…

    • 1071 Words
    • 5 Pages
    Good Essays
  • Good Essays

    * I believe it is unethical for the counselor to reveal anything said in individual counseling with the husband. She didn’t address a “no secrets” policy in the informed consent. Sharing this information with the wife without his permission is unethical. In marriage counseling the “no secrets” policy needs to be addressed and explained in the informed consent. Since she did not have a policy concerning this, she is bound by confidentiality which should have been in her informed consent.…

    • 765 Words
    • 4 Pages
    Good Essays
  • Good Essays

    unit 11

    • 580 Words
    • 3 Pages

    P6 Explain the role of supportive relationships in reducing the risk of abuse and neglect.…

    • 580 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Durgin, Catherine R. "Getting Legal with Paralegals A Look at the State Regulations." Business Law Today 16.3 (2007). American Bar Association. Web. .…

    • 848 Words
    • 4 Pages
    Good Essays
  • Better Essays

    in regards to her decision about the pregnancy. If qualified the counselor could discuss the rape…

    • 2109 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    Unit 11 P1

    • 4138 Words
    • 17 Pages

    This unit aims to enable learners to be aware of different types of abuse and to understand why this may happen. They will be able to develop knowledge of work to safeguard adults, and an understanding of how the rights, independence and the wellbeing of adults are promoted through a person-centred, multi-agency approach.…

    • 4138 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    Hill chose to discuss Amy situation with another counselor. Stand 4.01 states, “Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship” (APA, 2010). Confidentiality is important and as a counselor you should maintain a client’s confidentiality. Patient confidentiality means that information received during that session should remain private. No other person should have access to that information. Anything that is discuss between client and counselor is between them unless consent was given by the client. Mrs. Hill has clearly broken the confidentially rules and should be disciplined accordingly. The only time confidentiality agreement can be broken is when the client safety is of concern. Amy safety is not in question so all information gathered during her session should have stayed that…

    • 884 Words
    • 4 Pages
    Good Essays

Related Topics