Work- free essay sample

This list of specific activities is provided only as examples. Any activities involving the preparation of legal documents, giving legal advice, or providing legal services for another constitutes the practice of law. As well it is been state on Model Code of Ethics and Professional Responsibility that: EC-1. 2 (b) a paralegal shall not communicate, or cause another to communicate, with party the paralegal knows to be represented by a lawyer in a depending matter without prior consent of the lawyer representing such other party. Reviewing the facts: Mr. and Mrs. Smith decide to call their friend, Polly who is paralegal; Mr. Smith lives a message by asking if Polly knows if the grounds for divorce in North Carolina include adultery? Then, later on his wife Mrs. Smith did call the same friend Polly and leave a message asking if Mrs. Smith have grounds for divorce in North Carolina? Because she just found that her husband Mr. We will write a custom essay sample on Work- or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Smith committed adultery. Question #1: If Polly Paralegal answers Mr. Smith’s question, will she have engaged in the unauthorized practice of law? For a paralegal is not appropriate to answer any question relating to any case in progress in or out of the office and this scenario Mr. Smith is only asking for a general question, depends on how professional Polly is by responding she may perform UPL. Mr. Smith is not asking for any legal advice, opinion or asking Polly to review a case or perform a new case. However, one thing goes to the other if Polly responds to Mr. Smith she is not performing any UPL if her answer responds only the question asked above, otherwise she does perform UPL. Unfortunately, it is not enough facts but considering only the question then the answer only will not perform UPL. Question # 2: If Polly Paralegal answers Mrs. Smith’s question will she have engaged in the unauthorized practice of law? If Polly answer she does engaged in the unauthorized practice of Law because the scenario is total different from Mr. Smith question. Mrs. Smith question goes directly to Polly, as know she have knowledge of law and by asking directly she is starting a communication: Polly do I have grounds for divorce in North Carolina? then give to Polly details, if Polly answers she does engaged in the unauthorized practice of law, because Polly cannot give any legal advice or advertise or comment or aid anything Polly is not suppose to. By answer the second question Polly can be without notice giving legal advice about divorce proceeding, and answer the ground for a divorce then she will state what can be the consequences, what is the next step, etc. At any moment Polly cannot regret the help and apply the law it is easy for Polly to respond something easy to do without seeing a lawyer. The statutes on unauthorized practice of law in Chapter 84 of the North Carolina General Statutes, Rules 5. 3 and 5. 5 of the Rules of Professional Conduct, and the formal ethics opinions interpreting those rules determine the extent to which law-related tasks may properly be performed by paralegals. 2. A lawyer shall not permit a paralegal to engage in the practice of law. To this end, a lawyer may not delegate the following RESPONSIBILITIES OR ACTIVITIES to a paralegal: establishing a client-lawyer relationship and the terms of the relationship; giving oral or written legal advice or a legal opinion to a client; interpretation of LEGAL DOCUMENTS for A CLIENT; or appearance in any court proceeding unless authorized by law. The last phrase is the one is important no advice or opinions shall be offered. NC is a state in which the girlfriend/boyfriend can be held financially responsible for their contribution to the adultery. And under the North Carolina Statutes, the ground of divorce include The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party: (1) Abandons his or her family. (2) Maliciously turns the other out of doors. (3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G. S. 50B-1, et seq. 4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome. (5) Becomes an excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome. (6) Commits adultery. (1871-2, c. 193, s. 36; Code, s. 1286; Rev. , s. 1562; C. S. , s. 1660; 1967, c. 1152, s. 7; 1971, c. 1185, s. 22; 1979, c. 561, s. 5; 1985, c. 574, ss. 1, 2. ) References: http://www. ncbar. com/public/upl. asp http://www. pa ralegals. org/associations/2270/files/Model_Code_of_Ethics_09_06. pdf