Unauthorized Practice of Law
One of the most critical professions in the world today is law. Providing professional services such as legal assistance by an individual not approved by the state constitutes Unauthorized Practice of Law (UPL). The act is forbidden by the state laws and anyone found guilty is subject to criminal sanctions (Cannon, & Aytch, 2018).
To be legally allowed to practice law, one must meet some academic requirements. For instance, an undergraduate degree and three years at the school of law are prerequisites. In addition, one must also pass a bar examination (Cannon, & Aytch, 2018). If an individual performs the duties of an attorney yet he or she do not meet these condition, then the person is involved in the unauthorized practice of law.
In law, some activities only lawyers are allowed to perform. For example, only lawyers can represent the plaintiff or defendants in a court of law, providing a particular legal advice to an individual, carrying out negotiations for settlement or designing legal documents (Cannon, & Aytch, 2018). The unlicensed lawyer or a paralegal should not provide any of these services.
A good example of the unauthorized practice of law is agency relationship. A real estate consultant may want to help his or her client by filling in a form agreement for someone who intends to rent a costly luxurious studio flat. Doing this may translate to UPL since the broker is not a lawyer. Even though there are provisions that allow real estate brokers to fill in such forms, a fee should not be charged unless a lawyer is involved.
Paralegals can avoid UPL by abstaining from rendering services that only licensed lawyers are supposed to offer. Additionally, they need to ensure that the individuals who interact with them know they are paralegals and cannot propose legal advice. When offering material information that may be perceived to be a legal advice, it is essential to mention the source. Lastly, by keeping an attorney posted with regard to the work or activities rendered, a paralegal can avoid UPL (Cannon, & Aytch, 2018).
In a nutshell, Unauthorized Practice of Law is a criminal activity. A number of situations can result in this act. It requires discernment for paralegals to avoid it.
References
Cannon, T. A., & Aytch, S. T. (2018). Ethics and professional responsibility for paralegals. New York : Wolters Kluwer
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