Why Is Just Giving Advice Potentially The Unauthorized Practice Of Law Case Study

2. Why is just giving advice potentially the unauthorized practice of law? Just giving advice to a client is ultimately Unauthorized Practice of Law because a simple conversation can involve an effect on one’s legal rights. An example of potential UPL mentioned in the book is telling a client where to sign a legal document. As simple of a question as it seems, this has a lot of responsibility pertaining to the lawyer and not the paralegal. The main reason why is because the legal rights of a client may be affected since the client may have to indicate representative capacity (Goldman and Cheeseman 44)
5. How can the paralegal avoid UPL? The paralegal can avoid UPL by informing clients and other parties that they are not lawyers (Goldman and Cheeseman 45). Most notably the
What is the reason for creating privileged communications? Privileged communications are kept confidential between the attorney and the client. If asked by the court to disclose privileged information, the client can decline to answer under attorney-client privilege (Goldman and Cheeseman 58-59).
15. What are the potential dangers in paralegal’s moonlighting? There are many dangers in paralegals moonlighting as conflicts of interest may arise when a paralegal handles two jobs. Goldman and Cheeseman briefly describe an example where a paralegal has a side job with a supermarket. If these two places of employment enter a legal situation the paralegal may face consequences of breaching a duty of loyalty to the employer or employers involved in a case or a breach in the confidence of a law firm or a client.
17. Does a client have an attorney-client privilege regarding information given to a paralegal during the preparation of a case? A client does have attorney-client privilege when information is given to a paralegal. The only requirement is that the paralegal must keep the information confidential and not reveal it to anybody unless the client specifies otherwise