Week 4 & 5 Lecture

Question 1

(1) was the last state to get UPL laws. UPL laws began in the (2) due to (3) and (4)

Answer 1

1. Arizona 2. 60s 3. increased litigation (civil rights, war) 4. increased advertising

Question 2

A paralegal is supervised by an (1) of the (2)

Answer 2

1. active member 2. bar

Question 3

3 factors creating need for nonlawyer legal service providers

Answer 3

1. decrease in funding for Legal Services Corporation 2. increase in need for legal services due to proliferation and complexity of laws 3. rising cost of legal services

Question 4

Pro hac vice is a special rule that allows a lawyer to represent a client in a (1) or (2) court in one specific (3) where the lawyer is not (4).

Answer 4

1. state 2. federal 3. case 4. licensed

Question 5

6 standards that must be met for an attorney to practice pro hac vice

Answer 5

1. motion 2. certification 3. swear under oath no disciplinary actions 4. “ licensed to practice 5. “ not licensed in the state applied to practice pro hac vice 6. “ no membership app or office held in that state

Question 6

6 things only a lawyer may do

Answer 6

1. Prepare (execute, sign) pleadings and legal instruments (wills, contracts, deeds, leases, trusts) 2. prepare documents that secure legal rights 3. prepare docs with legal opinions, arguments or interpretations 4. appear in court on behalf of client 5. give legal advice (rights/responsibilities OR application of knowledge to situation) 6. take a deposition, i.e., ask the witness questions

Question 7

3 tests to determine if conduct is practice of law

Answer 7

1. professional judgment test (requires skills and knowledge of attorney?) 2. traditional areas of practice test (traditionally performed by attorney?) 3. incidental legal services test (essentially legal, or legal only if necessary, such as for contested wills?)

Question 8

4 things that constitute giving legal advice

Answer 8

1. directing a course of action to the client 2. explaining to a client his legal rights/responsibilities (pay bill on time, amount of fees, where to file documents) 3. evaluate probable outcome of matter 4. interpreting statutes, decisions, legal documents to a client

Question 9

5 things that constitute UPL

Answer 9

1. giving legal advice 2. making court appearances 3. establishing the attorney-client relationship (offer, acceptance) 4. setting fees (deciding amount, telling client amount) 5. signing pleadings

Question 10

Jailhouse lawyers are (1) who help other (2) prepare (3) for matters related to their sentences, such as appeals, pardons, stays of exceution and prison conditions. They do not have any (4).

Answer 10

1. inmates 2. inmates 3. postconviction writs 4. privilege

Question 11

Two important things to do when serving as a liaison as a paralegal

Answer 11

1. make sure everyone knows you are a paralegal 2. make sure clients know when information is passed directly from the lawyer

Question 12

An administrative agency is a (1) responsible for the (2) and (3) of a particular activity or area of (4). Proceedings are (5) and paralegals can represent in this context, but they are held to the (6) as attorneys.

Answer 12

1. government body 2. control 3. supervision 4. public interest 5. quasi-judicial 6. same standards

Question 13

4 features of independent contractor (or freelance) paralegals.

Answer 13

1. handle projects on as-needed basis 2. work under supervision of an attorney 3. have extensive paralegal experience 4. agents of attorney and are held to the same ethical rules

Question 14

3 areas in which UPL proliferates

Answer 14

1. bankruptcy 2. immigration 3. family law

Question 15

There has been an initiative recently by the Bar to preempt (1)

Answer 15

1. UPL

Question 16

Paralegals are able to prepare (1) such as interrogatories, but they must be (2) and (3) by the attorney.

Answer 16

1. standard form documents 2. reviewed 3. signed

Question 17

One type of correspondence paralegals CANNOT do is (1). They are able to do (2), (3), or (4) though, for example

Answer 17

1. opinion letters 2. emails 3. notifications of hearings 4. copies of filed stuff

Question 18

Paralegals may analyze legal documents for (1), but not for (2).

Answer 18

1. attorneys 2. clients

Question 19

Paralegals may handle procedural, administrative and scheduling matters but cannot, for example (1) on subpoenas.

Answer 19

1. elaborate