E. Unauthorised Practice of Law Flashcards
1
Q
What type of activities require licences/NO licences?*
A
Licence required!!!
- Appearances in judicial proceedings + depositions
- Drafting docs affecting substantial ‘legal rights’ (wills, trusts, contracts)
- Negotiating settlements
NO licence required!!!
- Interviews
- Filling in forms
- Writing legal memos
2
Q
What are examples of ‘practice of law’?*
A
Activities involving legal knowledge + skill!!!
Activities constituting advice concerning binding legal rights/traditionally performed by lawyers!!!
3
Q
What is unauthorised practice of law?*
A
Non-lawyer giving tax law advice!!!
NOT Non-lawyer appearing before agency allowing non-lawyers to do so!!!
NOT Non-Lawyer filling legal forms!!!
4
Q
What are the consequences of unauthorised practice?
A
Non-lawyers
- Injunction
- Contempt
- Criminal prosecution
Lawyers assisting non-lawyers
- Discipline
