legal case Essay -- essays research papers

rollINTRODUCTIONYou engender asked me to determine whether our lymph node Diana Lewis committed unauthorized work out of integrity by providing her function. I have done research on statutes and fonts. This memorandum lead address the issue of this case, calcium Bars claim, and Ms. Lewiss achievable defense.STATEMENT OF FACTSIn May 2001, Diana Lewis earned her gent of Art peak and Para lawful Certificate from City College of San Francisco. In June 2001, Ms. Lewis opened her line of products to conspire healthy paperwork for customers involved in repugn divorces. She advertises her business in the quotidian Journal and the Recorder. She charges no to a greater extent than $75 for the sleep together package of paperwork and has back up 25 clients to date.Because Ms. Lewiss clients atomic number 18 not old(prenominal) with the good language and some of them are illiterate, Ms. Lewis is compelled to ask questions and hold conferences with them. The sidereal day b efore the clients court hearing, Ms. Lewis meets with her client to discuss what he or she washbowl expect during the hearing. Ms. Lewis does not accompany the client to the hearing.Diana Lewis has been aerated by the atomic number 20 Bar with unauthorized act of law. ISSUEDid Ms. Lewis practice law when she provided such(prenominal)(prenominal) legal document service?BRIEF dishNo. California Bar could make a case that Ms. Lewis gave legal advice. But when she helped her clients with uncontested divorce document, she did not give specific advice by which the clients particular legal rights were secured. She simply helped interpret book of instructions on preparing the full general legal forms at her clients request. Such sales and services are legitimate. reciprocationIn Cal hatful & Prof Code 6125, no psyche shall practice law in California unless the person is an active component of the State Bar.Diana Lewis loony toons not have law school educational activity and did not follow out California Bar Exams. She is not an active ingredient of the State Bar. So she cannot practice law in California. The issue is whether she effective law.In Cal Bus & Prof Code 6400, a legal document aid may not provide any kind of advice, explanation, opinion, or tribute to a consumer round possible legal rights, remedies, defenses... ... of law. In addition it violates inequitable Competition integrity at the same time. Walter Moore is similar to Ms. Lewis in that they are both non-lawyers and provided legal document service. Also, they both advertised locally. Walter Moore listed in the address book below Legal Aid directory. Here we need more details round Ms. Lewiss advertisement such as the wordings and down the stairs what section it was printed. endCalifornia code prohibits Diana Lewis to practice law. The issue is whether Ms. Lewis rattling practiced law. gibe to the statute and court opinion, the key point is whether a non-lawyer provides advi ce or prepares legal instruments that would secure the partys legal rights. From the fats at hand, I do not see Diana Lewis have provided individual client with specific advice that would preserve his or her legal rights. In fact, in the case of uncontested divorce, such practice of legal advice is not usually infallible. most detail development on Ms. Lewiss advertisement and her discussion with clients will be needed to help with her defense. legal case Essay -- essays research papersMEMORANDUMINTRODUCTIONYou have asked me to determine whether our client Diana Lewis committed unauthorized practice of law by providing her services. I have done research on statutes and cases. This memorandum will address the issue of this case, California Bars claim, and Ms. Lewiss possible defense.STATEMENT OF FACTSIn May 2001, Diana Lewis earned her Associate of Art degree and Paralegal Certificate from City College of San Francisco. In June 2001, Ms. Lewis opened her business to prepare legal paperwork for clients involved in uncontested divorces. She advertises her business in the Daily Journal and the Recorder. She charges no more than $75 for the complete package of paperwork and has assisted 25 clients to date.Because Ms. Lewiss clients are not familiar with the legal terminology and some of them are illiterate, Ms. Lewis is compelled to ask questions and hold conferences with them. The day before the clients court hearing, Ms. Lewis meets with her client to discuss what he or she can expect during the hearing. Ms. Lewis does not accompany the client to the hearing.Diana Lewis has been charged by the California Bar with unauthorized practice of law. ISSUEDid Ms. Lewis practice law when she provided such legal document service?BRIEF ANSWERNo. California Bar could make a case that Ms. Lewis gave legal advice. But when she helped her clients with uncontested divorce document, she did not give specific advice by which the clients particular legal rights were secured. She simply helped interpret instructions on preparing the general legal forms at her clients request. Such sales and services are legitimate.DISCUSSIONIn Cal Bus & Prof Code 6125, no person shall practice law in California unless the person is an active member of the State Bar.Diana Lewis dose not have law school education and did not pass California Bar Exams. She is not an active member of the State Bar. So she cannot practice law in California. The issue is whether she practiced law.In Cal Bus & Prof Code 6400, a legal document assistant may not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses... ... of law. In addition it violates Unfair Competition Law at the same time. Walter Moore is similar to Ms. Lewis in that they are both non-lawyers and provided legal document service. Also, they both advertised locally. Walter Moore listed in the phone book under Legal Aid directory. Here w e need more details about Ms. Lewiss advertisement such as the wordings and under what section it was printed. CONCLUSIONCalifornia code prohibits Diana Lewis to practice law. The issue is whether Ms. Lewis actually practiced law. According to the statute and court opinion, the key point is whether a non-lawyer provides advice or prepares legal instruments that would secure the partys legal rights. From the fats at hand, I do not see Diana Lewis have provided individual client with specific advice that would affect his or her legal rights. In fact, in the case of uncontested divorce, such practice of legal advice is not usually needed. Some detail information on Ms. Lewiss advertisement and her discussion with clients will be needed to help with her defense.