Questions+Week+8

QUESTIONS WEEK 8

Q: Where do resources such as http://www.justanswer.com/ fit in? It's an advice-for-pay website and while probably helpful for many, would see fraught with peril.

12-03 South Carolina ethics opinion

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Q: People can be their own lawyers (i.e. pro se). Isn’t that the ultimate “defense” for anyone accused of UPL?

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Q: Is there particular dangers for law librarians and UPL?

A: States limitations for clerks (John Grecian for e.g.)

Q: How is UPL in Cyberspace? For example, an attorney answer a question from a person in another state, which the attorney is not licensed. Is that considered UPL?

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Q: Is there a trend? (states getting more lenient about law-advice websites, bar associations cracking down more?)

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Q: Has DOJ or the FTC said anything recently about the anticompetitive effects of broad definitions of the practice of law, as they did when the ABA model definition was under consideration?

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Q: Do law schools do enough to teach/explain UPL (in your opinion)?

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Q: Please comment on to what extent an attorney whose practice is confined to an area of federal law may engage in the practice of law outside any state or states where he or she may be admitted. For example the nation wide practice of immigration law by an attorney admitted only in Minnesota.

A: pro hac vice (google this)

Q: Under diligence - wouldn't you zealously advise the client of the right forms to use to effect the client's purpose?

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Q: One area in the Model Rules that remains unclear and relates directly to limited scope representation (including UP). If the service does not qualify as practice of law, thus dodging UP, Rule 1.8 seems to arise instead if the service is for compensation (as broadly defined). That is, if the service avoids UP but a lawyer is involved, then the Rule 1.8 trap might to apply.

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Q: Ghostwriting <> standard forms/contract language/form books?

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Q: How does the Attorney in Fact (power of attorney) avoid the practice of law issues?

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Q: What about answering a question in another state on AVVO? The clients are anonymous and facts limited. AVVO has lots of disclaimers.

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