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If a paralegal gives a legal advise to a friend, does he or she commit UPL? Is there a specific rule for that? Thank You!

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Hello and thank you for allowing me to address your legal question.

Generally speaking, the answer is yes, the paralegal would be engaging in UPL if he advises a friend with regard to the law. You asked for a specific rule, but didn’t list your state so I used Georgia law for my example (other states will be very similar):

§ 15-19-50. "Practice of law" defined

The practice of law in this state is defined as:

(1) Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings in any court or other judicial body;

(2) Conveyancing;

(3) The preparation of legal instruments of all kinds whereby a legal right is secured;

(4) The rendering of opinions as to the validity or invalidity of titles to real or personal property;

(5) The giving of any legal advice; and

(6) Any action taken for others in any matter connected with the law.

§ 15-19-51. Unauthorized practice of law forbidden

(a) It shall be unlawful for any person other than a duly licensed attorney at law:

(1) To practice or appear as an attorney at law for any person other than himself in any court of this state or before any judicial body;

(2) To make it a business to practice as an attorney at law for any person other than himself in any of such courts;

(3) To hold himself out to the public or otherwise to any person as being entitled to practice law;

(4) To render or furnish legal services or advice;

(5) To furnish attorneys or counsel;

(6) To render legal services of any kind in actions or proceedings of any nature;

(7) To assume or use or advertise the title of "lawyer," "attorney," "attorney at law," or equivalent terms in any language in such manner as to convey the impression that he is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or

(8) To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel.

(b) Unless otherwise provided by law or by rules promulgated by the Supreme Court, it shall be unlawful for any corporation, voluntary association, or company to do or perform any of the acts recited in subsection (a) of this Code section.

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!

Edited by BoredAtty on April 28 2008 at 1:21 PM

DISCLAIMER: My post is intended as general information only, and should neither be construed as specific legal advice, nor as an adequate substitute for the retention of legal counsel.

Reply to BoredAtty's Post: Does that same rule apply for the state of New York?

Here are the relevant NY laws:

§ 476-a. Action for unlawful practice of the law. 1. The

attorney-general may maintain an action upon his own information or upon

the complaint of a private person or of a bar association organized and

existing under the laws of this state against any person, partnership,

corporation, or association, and any employee, agent, director, or

officer thereof who commits any act or engages in any conduct prohibited

by law as constituting the unlawful practice of the law.

The term "unlawful practice of the law" as used in this article shall

include, but is not limited to,

(a) any act prohibited by penal law sections two hundred seventy, two

hundred seventy-a, two hundred seventy-e, two hundred seventy-one, two

hundred seventy-five, two hundred seventy-five-a, two hundred

seventy-six, two hundred eighty or fourteen hundred fifty-two, or

(b) any other act forbidden by law to be done by any person not

regularly licensed and admitted to practice law in this state, or

(c) any act punishable by the supreme court as a criminal contempt of

court under section seven hundred fifty-B of this chapter.

2. Such an action may also be maintained by a bar association

organized and existing under the laws of the state of New York, upon an

application to the supreme court of the state of New York, or a justice

thereof, for leave to bring the same by such bar association on good

cause shown therefor and proof that a written request was made upon the

attorney-general to bring such an action and that more than twenty days

have elapsed since the making of such request and he has failed or

refused to bring such an action.

§ 476-b. Injunction to restrain defendant from unlawful practice of

the law. In an action brought as prescribed in section four hundred

seventy-six-a, the final judgment in favor of the plaintiff shall

perpetually restrain the defendant from the commission or continuance of

the act complained of. A temporary restraining order to restrain the

commission or continuance thereof may be granted upon proof, by

affidavit, that the defendant has violated any of the provisions of such

section. The provisions of statute or rule relating generally to

injunctions as provisional remedies in actions apply to such a temporary

restraining order and the proceedings thereupon, except that the

plaintiff shall not be required to file any undertaking before the

issuance of such temporary restraining order, shall not be liable for

costs and shall not be liable for damages sustained by reason of the

restraining order in cases where judgment is rendered in favor of the

person, firm or corporation sought to be enjoined.

§ 476-c. Investigation by the attorney-general. 1. The

attorney-general is empowered to conduct an investigation of any

complaint of unlawful practice of the law and in connection therewith,

the attorney-general, his deputy, assistant, special assistant or other

officer designated by him for such purpose is empowered to subpoena

witnesses, compel their attendance, examine them under oath before him

or the supreme court of the state of New York, or a justice thereof, and

require the production of any books or papers which he deems relevant or

material to the inquiry. Such power of subpoena and of examination shall

not abate or terminate by reason of the commencement or pendency of any

action or proceeding brought by the attorney-general under section four

hundred seventy-six-a.

2. No person shall be excused from attending such inquiry in pursuance

to the mandates of a subpoena, or from producing a paper or book, or

from being examined or required to answer a question on the ground of

failure of tender or payment of a witness fee or mileage, unless at the

time of such appearance or production, as the case may be, such witness

makes demand for such payment as a condition precedent to the offering

of testimony or production required by the subpoena and unless such

payment is not thereupon made. Such provisions for payment of witness

fee or mileage do not apply to any officer, director or person in the

employ of any person, partnership, corporation, company, trust or

association whose conduct or practices are being investigated.

3. It shall be the duty of all public officers, their deputies,

assistants, subordinates, clerks or employees and all other persons to

render and furnish to the attorney-general, his deputy or other

designated officer when requested all information and assistance in

their possession or within their power. Any officer participating in

such inquiry who shall disclose to any person other than the

attorney-general the name of any witness examined or any other

information obtained upon such inquiry except as directed by the

attorney-general shall be guilty of a misdemeanor.

Edited by BoredAtty on April 28 2008 at 2:11 PM

DISCLAIMER: My post is intended as general information only, and should neither be construed as specific legal advice, nor as an adequate substitute for the retention of legal counsel.

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