NC Paralegal Certification Exam - CH. 2 Paralegal Ethics Unauthorized Practice of Law || Questions & Answers (Graded A+)

NC Paralegal Certification Exam - CH. 2 Paralegal Ethics Unauthorized Practice of Law || Questions & Answers (Graded A+) NC Paralegal Certification Exam - CH. 2 Paralegal Ethics Unauthorized Practice of Law || Questions & Answers (Graded A+) Why is the practice of law restricted to lawyers? - ANSWER - -Public Policy concerns. -To protect the public. What is the practice of law? - ANSWER - -The application of a rule of law -To a particular person's facts and -Giving a response Historical view of Law - ANSWER - Work that is: -Traditionally done by lawyers -"Commonly understood" to require the legal skill of a lawyer -Requiring legal skill and knowledge beyond that of a layperson -Characterized by the relationship between lawyer and client Modern view of UPL - ANSWER - 1.It is wrong to practice law without a license **This one gets you in trouble 2.It is wrong to assist someone who doesn't have a license in the practice of law **This one gets your boss in trouble UPL issues need to be viewed from - ANSWER - 1. The point of view of the person asking for legal advice. 2. The point of view of the person giving the legal advice. Traditional categories of UPL - ANSWER - 1.Representing others in court 2.Giving legal advice 3.Creating legal documents Traditional EXCEPTIONS of UPL - ANSWER - 1.Representing yourself 2.Law school students 3.Some administrative agencies 4.The incidental-to rule 5.The conduit theory UPL is a crime, just not a violation of RPC - ANSWER - Unauthorized practice of law is also a crime in many states, including South Carolina. S.C. Code Ann. § 40-5-310 states that practicing law without a license is a felony, with a penalty of up to five years in prison and/or a five thousand dollar fine. Misrepresentation- disbarred lawyers