Question
The following are scenarios you might encounter as a paralegal. Read each situation, and explain whether any impermissible action occurred. If there was an Unauthorized
The following are scenarios you might encounter as a paralegal. Read each situation, and explain whether any impermissible action occurred. If there was an Unauthorized Practice of Law (UPL) that occurred, explain what you would have done differently, and how to avoid engaging in that type of UPL in the future.
a. Patty Paralegal meets with a new client of Larry Lawyer. The new client is preparing sworn answers to discovery questions with Patty and asks what "prima facie" means. Patty provides the definition of prima facie, and types up the client's exact answers.
b. Larry Lawyer is on vacation when a client comes in to file for bankruptcy. Patty Paralegal has been working with bankruptcy cases for five years and prepares all of the forms for filing. The client wants the forms filed that week to avoid judgment on a credit card, so Patty finishes the forms, signs Larry's name, and files them for him.
c. Patty Paralegal meets with a long-term client of Larry Lawyer to notarize his signature on a settlement agreement, which would settle his lawsuit. Patty has been working closely with Larry and the client for the last three years on the case. While getting ready to sign, the client asks Patty if she thinks he's doing the right thing. Patty says yes, that the case would be difficult to win, and settling is a good idea. The client then signs the agreement.
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