Thursday, November 14, 2019
legal case Essay -- essays research papers
MEMORANDUM INTRODUCTION      You have asked me to determine whether our client Diana Lewis committed unauthorized practice of law by providing her services. I have done research on statutes and cases. This memorandum will address the issue of this case, California Bar’s claim, and Ms. Lewis’s possible defense. STATEMENT OF FACTS      In May 2001, Diana Lewis earned her Associate of Art degree and Paralegal Certificate from City College of San Francisco. In June 2001, Ms. Lewis opened her business to prepare legal paperwork for clients involved in uncontested divorces. She advertises her business in the Daily Journal and the Recorder. She charges no more than $75 for the complete package of paperwork and has assisted 25 clients to date.      Because Ms. Lewis’s clients are not familiar with the legal terminology and some of them are illiterate, Ms. Lewis is compelled to ask questions and hold conferences with them. The day before the client’s court hearing, Ms. Lewis meets with her client to discuss what he or she can expect during the hearing. Ms. Lewis does not accompany the client to the hearing. Diana Lewis has been charged by the California Bar with unauthorized practice of law. ISSUE      Did Ms. Lewis practice law when she provided such legal document service? BRIEF ANSWER      No. California Bar could make a case that Ms. Lewis gave legal advice. But when she helped her clients with â€Å"uncontested†divorce document, she did not give specific advice by which the client’s particular legal rights were secured. She simply helped interpret instructions on preparing the general legal forms at her clients’ request. Such sales and services are legitimate. DISCUSSION In Cal Bus & Prof Code  § 6125, â€Å"[n]o person shall practice law in California unless the person is an active member of the State Bar.†Diana Lewis dose not have law school education and did not pass California Bar Exams. She is not an active member of the State Bar. So she cannot practice law in California. The issue is whether she practiced law. In Cal Bus & Prof Code  § 6400, â€Å"[a] legal document assistant may not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses... ... of law. In addition it violates Unfair Competition Law at the same time. Walter Moore is similar to Ms. Lewis in that they are both non-lawyers and provided legal document service. Also, they both advertised locally. Walter Moore listed in the phone book under â€Å"Legal Aid†directory. Here we need more details about Ms. Lewis’s advertisement such as the wordings and under what section it was printed. CONCLUSION      California code prohibits Diana Lewis to practice law. The issue is whether Ms. Lewis actually practiced law.      According to the statute and court opinion, the key point is whether a non-lawyer provides advice or prepares legal instruments that would secure the party’s legal rights.      From the fats at hand, I do not see Diana Lewis have provided individual client with specific advice that would affect his or her legal rights. In fact, in the case of â€Å"uncontested†divorce, such practice of legal advice is not usually needed.      Some detail information on Ms. Lewis’s advertisement and her discussion with clients will be needed to help with her defense. legal case Essay -- essays research papers MEMORANDUM INTRODUCTION      You have asked me to determine whether our client Diana Lewis committed unauthorized practice of law by providing her services. I have done research on statutes and cases. This memorandum will address the issue of this case, California Bar’s claim, and Ms. Lewis’s possible defense. STATEMENT OF FACTS      In May 2001, Diana Lewis earned her Associate of Art degree and Paralegal Certificate from City College of San Francisco. In June 2001, Ms. Lewis opened her business to prepare legal paperwork for clients involved in uncontested divorces. She advertises her business in the Daily Journal and the Recorder. She charges no more than $75 for the complete package of paperwork and has assisted 25 clients to date.      Because Ms. Lewis’s clients are not familiar with the legal terminology and some of them are illiterate, Ms. Lewis is compelled to ask questions and hold conferences with them. The day before the client’s court hearing, Ms. Lewis meets with her client to discuss what he or she can expect during the hearing. Ms. Lewis does not accompany the client to the hearing. Diana Lewis has been charged by the California Bar with unauthorized practice of law. ISSUE      Did Ms. Lewis practice law when she provided such legal document service? BRIEF ANSWER      No. California Bar could make a case that Ms. Lewis gave legal advice. But when she helped her clients with â€Å"uncontested†divorce document, she did not give specific advice by which the client’s particular legal rights were secured. She simply helped interpret instructions on preparing the general legal forms at her clients’ request. Such sales and services are legitimate. DISCUSSION In Cal Bus & Prof Code  § 6125, â€Å"[n]o person shall practice law in California unless the person is an active member of the State Bar.†Diana Lewis dose not have law school education and did not pass California Bar Exams. She is not an active member of the State Bar. So she cannot practice law in California. The issue is whether she practiced law. In Cal Bus & Prof Code  § 6400, â€Å"[a] legal document assistant may not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses... ... of law. In addition it violates Unfair Competition Law at the same time. Walter Moore is similar to Ms. Lewis in that they are both non-lawyers and provided legal document service. Also, they both advertised locally. Walter Moore listed in the phone book under â€Å"Legal Aid†directory. Here we need more details about Ms. Lewis’s advertisement such as the wordings and under what section it was printed. CONCLUSION      California code prohibits Diana Lewis to practice law. The issue is whether Ms. Lewis actually practiced law.      According to the statute and court opinion, the key point is whether a non-lawyer provides advice or prepares legal instruments that would secure the party’s legal rights.      From the fats at hand, I do not see Diana Lewis have provided individual client with specific advice that would affect his or her legal rights. In fact, in the case of â€Å"uncontested†divorce, such practice of legal advice is not usually needed.      Some detail information on Ms. Lewis’s advertisement and her discussion with clients will be needed to help with her defense.
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