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Question 1
Rita puts in a court appearance on behalf of Dita in a suit, claiming Anita trespassed on her lawn. Do the rules mandate that Rita be a lawyer?
Correct Only lawyers can put in an appearance at court on behalf of a client. A failure to meet this professional requirement would constitute the unauthorized practice of law. Even short proceedings at court can be complex. For the judicial system to run efficiently and for the public's rights to be preserved, a lawyer's skill is required.
Incorrect! Only lawyers can put in an appearance at court on behalf of a client. A failure to meet this professional requirement would constitute the unauthorized practice of law. Even short proceedings at court can be complex. For the judicial system to run efficiently and for the public's rights to be preserved, a lawyer's skill is required.
Correct
Incorrect!
Correct
Incorrect!
Question 2
The state is charging Gnuptu with bigamy since it became known Gnuptu remarried again. Gnuptu wants to represent himself, even though the trial is expected to prove phenomenally taxing, intellectually and emotionally, for all involved. May Gnuptu represent himself?
Correct A non-lawyer may represent himself. In a criminal case, as in this one, a defendant has a constitutional right to defend himself. This is therefore not the "unauthorized practice of law," which deals with representing others.
Incorrect! A non-lawyer may represent himself. In a criminal case, as in this one, a defendant has a constitutional right to defend himself. This is therefore not the "unauthorized practice of law," which deals with representing others.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Prepp, a non-lawyer, wants to do some public good by preparing income tax returns and estate tax returns, and drafting wills for the poor in his community. Which of the following may Prepp legally do?
Correct
Incorrect!
Correct Decisions made during the preparation of returns generally do not call for legal advice. When a non-lawyer does give advice on the tax law, however, this constitutes the unauthorized practice of law. As for (a) and (c), only lawyers may draft wills for specific individuals.
Incorrect! Decisions made during the preparation of returns generally do not call for legal advice. When a non-lawyer does give advice on the tax law, however, this constitutes the unauthorized practice of law. As for (a) and (c), only lawyers may draft wills for specific individuals.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Non-lawyer Para learned a lot about drafting wills when she worked for Oink, Porker and Swine L.P. Towards the end of her tenure at Oink, her book on drafting "your own" estate plan and will was published by a major firm and became a big hit. The bar association was peeved that a non-lawyer was making big money providing advice about drafting. Was Para, in having her book published, practicing law without authorization?
Correct Such books help people represent themselves, and therefore the writers are not practicing law without authorization. If Para, at a book signing, provided advice to a fan on how to disinherit a child, Para would be engaged in the unauthorized practice of law ' Para may not provide specific legal advice to solve another person's legal problem.
Incorrect! Such books help people represent themselves, and therefore the writers are not practicing law without authorization. If Para, at a book signing, provided advice to a fan on how to disinherit a child, Para would be engaged in the unauthorized practice of law ' Para may not provide specific legal advice to solve another person's legal problem.
Correct
Incorrect!
Correct
Incorrect!
Question 5
A non-lawyer real estate broker helps a client fill in a simple standard form contract. Is the broker engaging in the unauthorized practice of law?
Correct A real estate broker may help a client fill in the blanks in a standard form contract. This is a form of 'scrivening,' and does not constitute the practice of law. There's a difference between drafting and scrivening. Lawyers may draft the provisions of a contract for a client, but non-lawyers may not. When you draft a contract, determining specific rights and obligations of parties, you are engaged in the practice of law. When you are filling in blanks you are merely engaged in a clerical function, one that does not require a law license.
Incorrect! A real estate broker may help a client fill in the blanks in a standard form contract. This is a form of 'scrivening,' and does not constitute the practice of law. There's a difference between drafting and scrivening. Lawyers may draft the provisions of a contract for a client, but non-lawyers may not. When you draft a contract, determining specific rights and obligations of parties, you are engaged in the practice of law. When you are filling in blanks you are merely engaged in a clerical function, one that does not require a law license.
Correct
Incorrect!
Correct
Incorrect!
Question 6
While waiting for his supervising attorney to return from lunch, Pete paralegal discusses the personal injury case he's working on with the opposition's attorney, Etach. Etach is an old buddy of Pete's. They met back in first year of law school, before Pete decided to quit because as a paralegal he could make all the cash he needed, and perform the research he enjoys, without the pain of having to find new clients all the time. Etach tells Pete the client is tired of paying him and that the client wants to settle the case right away. Pete is surprised, but excited, because he's worked hard on the case and wants it to end as well. So Pete tells Etach that his client wants $100k. Etach is ecstatic, because he thought the case would cost his client double that figure. What's the ethics problem here?
Correct
Incorrect!
Correct A non-lawyer may not negotiate for a settlement. This is exclusively the province of an attorney. Pete is therefore engaged in the unauthorized practice of law. (a) is not the best answer, because whether or not the settlement figure is wrong, Pete is not entitled to engage in settlement negotiations. (c) is incorrect because Pete may discuss the case with Etach, provided of course he does not divulge any client confidences. (d) is incorrect because there is no reason to believe Pete's relationship with Etach will compromise the representation of their prospective clients.
Incorrect! A non-lawyer may not negotiate for a settlement. This is exclusively the province of an attorney. Pete is therefore engaged in the unauthorized practice of law. (a) is not the best answer, because whether or not the settlement figure is wrong, Pete is not entitled to engage in settlement negotiations. (c) is incorrect because Pete may discuss the case with Etach, provided of course he does not divulge any client confidences. (d) is incorrect because there is no reason to believe Pete's relationship with Etach will compromise the representation of their prospective clients.
Correct
Incorrect!
Correct
Incorrect!
Question 7
An insurance adjuster accosts Hertz, who suffered a broken leg in a car accident. The adjuster promises Hertz that for a slim fee she can get the driver of the car which rammed into him to "ante up" and pay for his physical therapy appointments. Is this okay?
Correct
Incorrect!
Correct Only lawyers may conduct settlement negotiations. The negotiator must have the legal knowledge that is needed to determine the strengths of both a client's and adversary's positions. See Professional Adjusters, Inc. v. Tandon, 433 N.E.2d 779 (1982).
Incorrect! Only lawyers may conduct settlement negotiations. The negotiator must have the legal knowledge that is needed to determine the strengths of both a client's and adversary's positions. See Professional Adjusters, Inc. v. Tandon, 433 N.E.2d 779 (1982).
Question 8
Real estate agent Chuck helps a client fill in the blanks on an offer to purchase a beautiful condo. Chuck does not charge a fee for this service, as he is more than satisfied with the commission he stands to earn on the deal. Is Chuck engaged in the unauthorized practice of law?
Correct
Incorrect!
Correct If the form is standardized, or 'boilerplate' and rather simple, Chuck is not engaged in the unauthorized practice of law by helping the client simply fill in the blanks. Remember there is a difference between scrivening (filling in the blanks), which can be performed by a non-lawyer, and drafting, which may only be performed by a lawyer.
Incorrect! If the form is standardized, or 'boilerplate' and rather simple, Chuck is not engaged in the unauthorized practice of law by helping the client simply fill in the blanks. Remember there is a difference between scrivening (filling in the blanks), which can be performed by a non-lawyer, and drafting, which may only be performed by a lawyer.