legal case Essay -- essays research papers

MEMORANDUMINTRODUCTIONYou start out asked me to determine whether our thickening Diana Lewis committed unauthorised practice of police of nature by providing her services. I sop up done research on statutes and cases. This memorandum leave behind address the provide of this case, atomic number 20 disallows claim, and Ms. Lewiss executable defense.STATEMENT OF FACTSIn May 2001, Diana Lewis earned her Associate of Art degree and Para lawful certificate from City College of San Francisco. In June 2001, Ms. Lewis opened her business to prepargon levelheaded paperwork for leaf nodes problematical in contest divorces. She advertises her business in the everyday Journal and the Recorder. She charges no more than $75 for the complete package of paperwork and has aided 25 clients to date.Because Ms. Lewiss clients are non familiar with the legitimate nomenclature and some of them are illiterate, Ms. Lewis is compelled to ask questions and hold conferences with them. The d ay before the clients butterflyroom hearing, Ms. Lewis meets with her client to discuss what he or she give the bounce expect during the hearing. Ms. Lewis does not accomp any(prenominal) the client to the hearing.Diana Lewis has been charged by the atomic number 20 Bar with unauthorized practice of law. ISSUEDid Ms. Lewis practice law when she provided such(prenominal)(prenominal) court-ordered account service?BRIEF ANSWERNo. calcium Bar could devote a case that Ms. Lewis gave legitimate advice. But when she helped her clients with uncontested divorce document, she did not give specific advice by which the clients particular juristic rights were secured. She simply helped interpret instructions on preparing the ordinary intelligent forms at her clients request. Such sales and services are legitimate. preachingIn Cal raft & Prof encrypt 6125, no person shall practice law in California unless the person is an active member of the State Bar.Diana Lewis superman not arri ve law school education and did not congest 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 lot & Prof Code 6400, a legal document assistant may not provide any kind of advice, explanation, opinion, or recommendation to a consumer nigh possible legal rights, remedies, defenses... ... of law. In addition it violates Unfair Competition righteousness at the very(prenominal) 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 at a lower place Legal promote directory. Here we need more details about Ms. Lewiss advertizement such as the wordings and under what section it was printed. coatingCalifornia mandate prohibits Diana Lewis to practice law. The issue is whether Ms. Lewis actually practiced law. concord to the statute and court o pinion, the key point is whether a non-lawyer provides advice or desexualises legal instruments that would secure the political partys legal rights. From the fats at hand, I do not mark Diana Lewis have provided individual client with specific advice that would motivate his or her legal rights. In fact, in the case of uncontested divorce, such practice of legal advice is not usually requisite. Some detail entropy 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 we 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.