lawyer monopoly on the profession Flashcards
generally speaking, what is the practice of law (three in all)
(1) legal knowledge /skill beyond that of the average layperson
* (2) advice or services concerning binding legal rights or remedies; and
* (3) an activity that is traditionally performed by lawyers
what is the consequence of the unautorized practice of law if youre a lawyer?
what about if youre not a lawyer
via south Carolina Code (since it depneds on the state) – non laywers – felony, and will be fined or imprisoned
lawyers – professional discipline
brumbaugh
not an atty but doing law related things
she decided which form the client needed, told them where to file
she gets in trouble via an injunction
what was the unauthorized practice of law here and why?
ADVISING clients on whcih forms they needed
telling clients how to fill out the forms and where to file them
the practice of law is taking SPECFIC FACTS and applying the to the law
whats the rationale behind restricting the practice of law to only attys
non lawyers not subject to the rules so it would harm the clients
