Unauthorized Practice of Law

| March 14, 2016

Question
I need a 2 -3 page paper for Legal Ethics on the “Unauthorized Practice of Law”. Plus you have to find out the North Carolina laws for the UPL…to be able to write.

Facts: Mr. Stan Smith calls his friend, Polly Paralegal, and leaves a message asking, “Do the grounds for divorce in North Carolina include adultery?” Later that day, Mrs. Stan Smith calls Polly Paralegal and leaves a message asking, “Do I have grounds for divorce in North Carolina? I just found out that Stan committed adultery.”
1. If Polly Paralegal answers Mr. Smith’s question, will she have engaged in the unauthorized practice of law? Explain and support your answer with information from at least one authoritative reference source.
2. If Polly Paralegal answers Mrs. Smith’s question will she have engaged in the unauthorized practice of law? Explain and support your answer with information from at least one authoritative reference source.

NOTE: Please do not spend a lot of time discussing conflicts of interests – but you should make a note of any you believe exist
2-page paper
Well-organized
Proper spelling, grammar, punctuation, capitalization and legal citation
Use IRAC organizational structure:
State the Issue/question
State the Rule
Apply the rule to the facts
State the Conclusion
Use North Carolina law
Cite the law
Content
Purpose of the paper is clear:
Explain the difference between general questions of fact and law vs. application of the facts to the law.
Do so by illustrating the differences between the questions asked by Mr. and Mrs. Smith
At least two full pages of content that is supported by authority, not based upon the Model Rules of Professional Conduct (use North Carolina law – research with Westlaw)
Use legal authority to illustrate the differences between the questions and illustrate why answering the questions will or will not cause a violation of the unauthorized practice of law
An excellent paper should at least note the penalties for a violation of the unauthorized practice of law and while not required would note the issues of conflict of interest

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