The Unauthorized Practice of Law Self-Quiz
Rita puts
in a court appearance on behalf of Dita in a suit, claiming Anita trespassed
on her lawn. Do the rules mandate that Rita be a lawyer?
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The state
is charging Gnuptu with bigamy since it became known Gnuptu remarried
again. Gnuptu wants to represent himself, even though the trial is expected
to prove phenomenally taxing, intellectually and emotionally, for all
involved. May Gnuptu represent himself?
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Prepp, a non-lawyer,
wants to do some public good by preparing income tax returns and estate
tax returns, and drafting wills for the poor in his community. Which of
the following may Prepp legally do?
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Non-lawyer
Para learned a lot about drafting wills when she worked for Oink, Porker
and Swine L.P. Towards the end of her tenure at Oink her book on drafting
“your own” estate plan and will was published by a major firm
and became a big hit. The bar association was peeved that a non-lawyer
was making big money providing advice about drafting. Was Para, in having
her book published, practicing law without authorization?
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A non-lawyer
real estate broker helps a client fill in a simple standard form contract.
Is the broker engaging in the unauthorized practice of law?
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While waiting
for his supervising attorney to return from lunch, Pete paralegal discusses
the personal injury case he’s working on with the opposition’s
attorney, Etach. Etach is an old buddy of Pete’s. They met back
in first year of law school, before Pete decided to quit because as a
paralegal he could make all the cash he needed, and perform the research
he enjoys, without the pain of having to find new clients all the time.
Etach tells Pete the client is tired of paying him and that the client
wants to settle the case right away. Pete is surprised, but excited, because
he’s worked hard on the case and wants it to end as well. So Pete
tells Etach that his client wants $100k. Etach is ecstatic, because he
thought the case would cost his client double that figure. What’s
the ethics problem here?
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An insurance
adjuster accosts Hertz, who suffered a broken leg in a car accident. The
adjuster promises Hertz that for a slim fee she can get the driver of
the car which rammed into him to “ante up” and pay for his
physical therapy appointments. Is this okay?
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. Real estate
agent Chuck helps a client fill in the blanks on an offer to purchase
a beautiful condo. Chuck does not charge a fee for this service, as he
is more than satisfied with the commission he stands to earn on the deal.
Is Chuck engaged in the unauthorized practice of law?
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