Practicum Notes 10/9/2017

Chapter Three Unauthorized Practice of Law

In this chapter you will learn about:

The history of the unauthorized practice of law
Definitions of practice of law
The effect of restrictions on the practice of law on access to legal services
The attorneys ethical responsibility to prevent the unauthorized practice of law and to
supervise paralegals
Key areas of concern to paralegals in the unauthorized practice of law
Analysis of functions that may or may not constitute the practice of law
Nonlawyer practice before administrative agencies
Disclosure of the paralegals nonlawyer status
Paralegals working as independent contractors

Unauthorized practice of law goes back to colonial times

- You couldnt go to court unless you were an attorney

Unauthorized practice of law is a gross misdemeanor in the state of Minnesota. No one has ever
been convicted under the statute in the state of Minnesota.

- Has anyone been charged under the statute? Unknown

Rule 503 the duty to supervise a non-lawyer

UPL is not limited to court any longer has been expanded to the preparation of documents and
other things

Pro Hac Vice limited appearance

- Must have someone who supervises you and will vouch for you
- Must prove youre in good standing

Factors Creating Need for Nonlawyer Legal Services Providers

- The decrease in funding for the legal services corporation that formerly supplied
legal services to people of low and moderate income
- The increase in the need for legal services, due to the proliferation and complexity
of laws
- The rising cost of legal services provided by lawyers