15 May Extern2099_W2_DQ1&2
Discussion Question 1: Unauthorized Practice of Law (UPL)
Having the entrepreneurial spirit is great but beware the UPL pitfalls. Tom is a legal technician who has his own “Do it yourself” divorce company. He provides divorce forms and typing and filing services to people at reasonable rates. Karen Smith, who has small children, uses Tom’s service to prepare for her divorce. She returns with the forms filled out, but she wants to know how much monthly child support she is entitled to receive. Tom knows the answer to her question and provides that.
Do you think that Tom providing the answer constitutes UPL? Why or why not? Justify your answer with examples and reasoning.
Discussion Question 2: Paulette’s Ethical Concern
Integrity means everything in a law practice. Paulette Finch works as a paralegal for a solo practice. One morning, Nancy, one of the lawyers, calls from her home and asks Paulette to sign Nancy’s name to a document that must be filed that day. Nancy explains to Paulette that she cannot come to the office because her child is sick. Paulette knows that she should not sign Nancy’s name because only the client’s attorney can sign the name. She explains this to Nancy, but Nancy says “Don’t worry. No one will ever know.”
Based on the above information, examine how should Paulette handle this situation? Justify your answer with examples and reasoning.
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