Legal Ethics Essay

When Mr. Smith called and posed the question “Does grounds for Divorce in North Caroline include adultery?” My answer would be that no Polly Paralegal would not be committing UPL by giving a yes or no answer to this basic question; the knowledge of the question asked is basic and can be assumed to be common knowledge of easy to obtain. However Polly Paralegal, should not engage her friend with details about the actual law surrounding the facts and guideline of adultery or she will have committed UPL. The following is a guideline rule for understanding UPL violations:
“5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law
(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.
(b) A lawyer who is not admitted to practice in this jurisdiction shall not:
(1) Except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
(2) Hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.” (Bar, 2008) Now to break that down in to laymen terms; what the Rule 5.5 is telling us is that a person ( not just a lawyer) who holds themselves out in a form of a representative capacity ( knowledge of the law) and appears to be as an advocate to someone (not always a client can be general public) and/or draws papers, pleadings or documents, or performs any act in connection with any legal based proceedings in action or prospectively before a court or a person, board, committee, commission or even an officer of the legal law that may have the authority to take evidence in to settle or determine controversies in the exercise of the judicial power of the state regarded too it’s laws that are governed there in it. This does not have to be for monetary value or reward; it can be done through friends, family and coworkers. This can be done at your Thanksgiving dinner, if they ask you a legal question and you answer based on your knowledge of the law. If they take your advice because they perceive you has have a good understanding and knowledge of the law, than this is a form of UPL because they are viewing you of capability to answer their question, verses just giving a common opinion. To break it down even a bit more, for easier understanding the basic assumption is that the practice of law is providing legal knowledge,

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