Unauthorized Practice of Law Flashcards
Who regulates unauthorized practice of law violations in CO?
- Colorado Supreme Court (makes rules)
- Office of Attorney Regulation Counsel (investigates and prosecutes)
What are non-lawyers prohibited from doing under CO Ethics Rule 5.5?
- practicing law
- giving legal advice
- appearing on behalf of a client in a hearing or judicial proceedings
- negotiating a matter for a client with another party
What does Colorado define as the “practice of law?”
- holding yourself out as a lawyer
- providing legal advice
- interpreting the law
- selecting and drafting legal documents for another person
- representing another party in a legal matter
What positions are partially-exempt/have different guidelines from the unauthorized practice of law rules in Colorado?
- Accredited Representatives (under EOIR in immigration proceedings)
- Licensed paraprofessionals (in the future if passed by the CO Supreme Court)
A paralegal fills in the blanks on an immigration form after being assigned the case by an attorney. Discuss, if any, violations to the unauthorized practice of law rules and how they could be avoided.
None, this does not violate the unauthorized practice of law rules.
A non-lawyer answers a phone call from a prospective client, listens to their story, and tells them which forms they will need to fill out to get their desired immigration benefit. Discuss, if any, violations to the unauthorized practice of law rules and how they could be avoided.
- Violates unauthorized practice of law rules
- non-licensed attorneys cannot provide legal advice
- applying a client’s story and telling them what forms they should fill out is legal advice
To avoid:
- non-licensed attorneys should consult with an attorney first
- should not suggest any forms for client to fill out (especially before an official consultation/rep agreement!)
A paralegal takes on a new case and the client believes the paralegal is an attorney. Discuss, if any, violations to the unauthorized practice of law rules and how they could be avoided.
- Violates unauthorized practice of law
- attorney and paralegal should make it clear to client who they are and what their different roles are
- paralegal should tell client they cannot give legal advice, and that it must come from the attorney
A client comes to you and asks you whether they should use a notario they met to fill out their citizenship application since it is the cheapest option they can find. What should you tell them?
- Notarios/Notaries in the US are not the same as in Latin America and other parts of the world
- Notaries in the US cannot give legal advice and are not lawyers
- Do not use them for legal services
