Paralegals And Unauthorized Practice Of Law

Paralegals And Unauthorized Practice Of LawUPL or Unauthorized Practice of Law is often oneof the most dreaded terms for paralegals andattorneys alike. While the logical reason forthis is that Unauthorized Practice of Lawfrequently results in the individual losing hisor her credentials to practice, the additionalfactor is that states radically differ in whatthey deem Unauthorized Practice of Law.In order for a paralegal to avoid potentialrepercussions, it is essential that she

familiarize herself with the term as it is definedby the particular state in which she lives. Moststates in America conclude that UnauthorizedPractice of Law covers any legal advice or legalservices which are rendered by anyone other thana practicing attorney. Such states require thatany work or duties which are carried out by aparalegal must be done under the supervision ofa practicing attorney, or acting on hisknowledgeable behalf.There are very few states which take a morelenient view of this subject. For example,California is one of the few states which allowsfor document preparation by non-attorneys. Aslong as the paralegal is not wrongfullymisrepresenting herself as an attorney, or takingan attorney's role in court proceedings, she canearn a very comfortable living providing suchbasic services as preparing the documents fordivorce proceedings and similar types of cases.Most states in America, however, do not go this

far, and can legally prosecute a person who doesthis type of work for being Unauthorized Practiceof Law.The best way of finding out what the status of UPLis in your particular state of residence is tothoroughly investigate the facts. Whilepreparing court documents, Wills, and other suchservices to the community can be an excellentbusiness, obviously that is not the case if thestate where you live considers it to be a crime.Some states are very clear as to what constitutesUPL, while others are vague enough in theirdefinition that you in turn must be very clear infinding the facts. As there are seriouspenalties for UPL, it is in a paralegal's bestinterests to be completely knowledgeable abouther state's specific laws on the subject, and toadhere to them one hundred percent.If you work in a law firm or in an individualattorney's private practice, it is also wise to

be aware of UPL. While the job consists of doingmany tasks which are delegated to you by theattorney, you must be aware that his discretiondoes not include crossing the very fine line intoUnauthorized Practice of Law.Actually, in many cases, the responsibility forthis falls more on the paralegal herself than onthe attorney. In other words, if he is asking youto carry out a task in his behalf, you must knowfor sure in advance that a paralegal has theauthority to do it. It does occasionally happenthat an attorney loses his own license to practicelaw simply by assigning a task to a paralegal thatshe does not actually have the authority to do.Whether you plan to work for an attorney, a lawfirm, or investigate the possibility of providingservices, it is essential that you get the factsbeforehand.