Homework for Lesson 4

Two distinct tasks that lend to unbundling are
1. A generation skipping trust used to avoid estate tax.
2. A standard quit-claim deed

A task that lends itself to digital appplications:
Drafting a will requiring software that asks a series of questions concerning types of assets that are to be bequeathed and then converting the answers into paragraphs of a will in the proper form and appropriate language.

Risks involving unbundled legal services would mostly arise from misunderstandings of the client with respect tasks that the client is to perform:
1. For instance the client appears at a court clerks office to file a document and misstates his intention and the clerk cannot help him.
2. The client omits a crucial fact in describing the facts concerning a task, such as the existence of an illegitimate child in a willing drafting engagement.
3. the software used is inadequate to the peculiarities of a specific client's needs.

`Digital application
An application to a historical commission to allow the cleint to change the color of the facade of his house

Homework for Lesson 6

Rocket Lawyer Incorporated ("RLI") may collect personally identifiable information, such as your e-mail address, name, home or work address or telephone number. If you purchase RLI products and services, we collect and store billing and credit card information. RLI may also collect anonymous demographic information, which is not unique to you, such as your Postal Code, age, gender, preferences, interests and favorites. Rocket Lawyer will not delete customer information for paying members. However, Rocket Lawyer reserves the right to delete customer information for members with a free account status at any time.

Use of Personal Information. LegalZoom, sometimes with third party assistance, may use your Personally Identifiable Information to verify your identity and process your order and payment through merchant account services, to generate the products and services, and to analyze our customer demographics to better serve you. Your Contact Data may be used to follow up with you on transactions initiated on the Site, respond to inquiries made through the Site, inform you of changes to the Site, and send you additional information about LegalZoom and its products. Unless specifically authorized by you, we do not provide Personally Identifiable Information to third parties, except as necessary to provide you with services. We may be required to disclose information to third parties if we receive a subpoena or to otherwise comply with the law.-6
These appear quite similar

Homework for lesson 7

Three thoughts on going through the software at the Illinois legal Aid Web site
1.The user needs a pretty high level of intelligence and reading comprehension skills. Even with the explanatory bubbles i thinks the form is quite challenging for a lay person. I think there will be a high number of errors by visitors to the site. Further I mistakenly hit a button that advanced the program and you could not be returned to fix it. For me these kinds of computer glitches seem all too common. I have had similar dead ends in using TaxPro for income tax. Indeed this homework site has twice frozen my computer when I hit save.
2. Every lawyer has had cases where the un-asked question caused a serious problem in the representation. Life is infinitely variable.
I guess over time if users can constantly improve and add to the software and those questions will mostly be covered. But there will always be an outlier.
3. I thinks its hard to escape the conclusion that this is the practice of law. Certainly the DC in MO thought so in the LegalZoom case. Don't underestimate our professions monopolistic tendencies that might direct clients away form the more traditional delivery methods.
The course has been great!
I teach PR and am interested in how the Code applies to all of this

Homework for lesson 8
MGL ch221 Section 41 is the general malpractice statute.
It states:
Whoever has been so removed and continues thereafter to practice law or to receive any fee for his services as an attorney at law rendered after such removal, or who holds himself out, or who represents or advertises himself as an attorney or counsellor at law, or whoever, not having been lawfully admitted to practice as an attorney at law, represents himself to be an attorney or counsellor at law, or to be lawfully qualified to practice in the courts of the commonwealth, by means of a sign, business card, letter head or otherwise, or holds himself out or represents or advertises himself as having authority or power in behalf of persons who have claims for damages to procure settlements of such claims for damages either to person or property, or whoever, not being an attorney at law, solicits or procures from any such person or his representative, either for himself or another, the management or control of any such claim, or authority to adjust or bring suit to recover for the same, or solicits for himself or another from a person accused of crime or his representative the right to defend the accused person, shall be punished for a first offence by a fine of not more than one hundred dollars or by imprisonment for not more than six months, and for a subsequent offence by a fine of not more than five hundred dollars or by imprisonment for not more than one year.

While not specifically defining the practice of law the underlined language defines the scope of the offense.

The following MBA proposal was not adopted after the FTC criticized it.

The MBA Task Force's Proposed Rule Change
The MBA's Task Force has drafted a proposed definition of the practice of law. Section (c) states that:
A person is presumed to be practicing law when engaging in any of the following conduct on behalf of another:
  1. Giving advice or counsel to a person as to his or her legal rights or responsibilities or those of others;
  2. Selecting, drafting, reviewing, recording, or completing legal documents or agreements that affect the legal rights or responsibilities of a person;
  3. Creating, conveying, evaluating, or terminating a person's legal interest in real property;
  4. Representing a person before a tribunal, including, but not limited to, preparing or filing documents or conducting discovery, or appearing before such body; or
  5. Negotiating legal rights or responsibilities on behalf of a person.
Section (d) of the draft lists certain exceptions to the presumption:
Exceptions: The following are permitted as exceptions to the requirements of Paragraph (a):
  1. Serving in a neutral non-adjudicative capacity as a mediator, conciliator or facilitator, or in an adjudicative capacity under court supervision;
  2. Affording advocacy assistance by non-lawyers through a governmental entity, a qualified legal assistance organization, or a not-for-profit entity, where no fee is charged, or as permitted by G.L.c.209A;
  3. Participating in labor negotiations, arbitrations, or conciliations arising under collective bargaining rights or agreements; and
  4. Participating in a regulatory or administrative proceeding pursuant to the rules of the agency, where no fee is charged for such participation.

Gerard J. Clark
Professor of Law
Suffolk University School of Law
120 Tremont St.
Boston, MA 02108
FAX 617 573 5872
SSRN: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=284835
SULS: http://www.law.suffolk.edu/faculty/directories/faculty.cfm?InstructorID=11