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?
Choice 1 Yes
Choice 2 No
Choice 3 Maybe
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?
Choice 1 Yes
Choice 2 No
Choice 3 Maybe
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?
Choice 1 Prepare the income tax returns and draft the wills
Choice 2 Prepare the income tax returns and the estate tax returns
Choice 3 Draft the will and prepare the estate tax returns
Choice 4 None of the above
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?
Choice 1 No
Choice 2 Yes
Choice 3 Maybe
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?
Choice 1 No
Choice 2 Yes
Choice 3 Perhaps
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?
Choice 1 Pete gave the wrong settlement figure.
Choice 2 Pete is negotiating for settlement .
Choice 3 Pete may not discuss the case with Etach.
Choice 4 Pete should have disqualified himself from the case because of his relationship with Etach.
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?
Yes
No
. 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?
Yes
No

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