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PART ONE: 2. Why is ‘just giving advice’ potentially the unauthorized practice of law? The unauthorized practice of law is giving advice when an individual does not have a license to practice law. Paralegals are not licensed to practice law. Therefore, they cannot give legal advice. This practice is reserved for attorneys. 5. How can the paralegal avoid UPL? A paralegal can avoid UPL by always disclosing that they are a paralegal. Never giving the impression that they are an attorney. Paralegals should familiarize themselves with the Model Standards and Guidelines for the Utilization of Legal Assistants. This details how to avoid unauthorized practice of law. 6. How do unauthorized practice of law statutes protect the public? Unauthorized practice of law statutes protects the public from the risk of having their rights violated. 7. Why should the paralegal be familiar with the ABA Model Rules of Professional Conduct? Paralegals should be familiar with the ABA Model Rules of Professional Conduct because they must follow the same standard of ethics and conduct as an attorney. 10. Would a paralegal dating a client have a conflict of interest? How could such a relationship create compromising influences and loyalties? Yes, a paralegal dating a client would have a conflict of interest. A relationship between a client and a paralegal can create a sense of favoritism within the firm and affect the time and resources to the attorney’s other clients. A breakup can affect the paralegal’s ability to remain professional with the client and may affect their case. 11. What are the reasons for protecting privileged communications? The reasons for protection privileged communications is so that the client feels free to openly communicate with their attorney. The attorney can service the client effectively while protecting their client’s reputation and reassuring them that any information that they divulge will kept confidential. 13. What are the potential dangers in paralegals moon lighting? The potential danger in a paralegal moonlighting would the risk of unauthorized practice of law and can also create a conflict of interest. Another danger would be risking violating attorney-client privilege. 15. Does a client have an attorney-client privilege regarding information given to a paralegal during the preparation of a case? Yes, a client does have attorney-client privilege regarding information given to a paralegal during the preparation of a case. All communications between an attorney and a client are privileged. Being that a paralegal works under the direct supervision of an attorney they must abide by the same rules regarding privileged information. They must keep the information they received from the attorney confidential. 16. Why is accurate time keeping important to the paralegal and the law firm? Accurate time keeping is important to the paralegal and the law firm because it ensures that the firm will be properly compensated for the work done on behalf of the client. It also ensures that the salary of the paralegal is covered. 18. What is an IOLTA account, and what is the reason behind maintaining one? An IOLTA account is a Interest on Lawyers Trust Account. This account is used to deposit client’s funds. It keeps the client’s money separate from other revenue that is generated by the firm. PART TWO TEGMAN V ACCIDENT & MEDICAL INVESTIGATIONS How does this court define “the practice of law”? In this case, the court defined “the practice of law” as legal advice and counsel and the preparation of legal instruments and contracts secured by legal rights. What is the standard of duty of care that this court imposes on a paralegal who does not have a supervising attorney? The standard duty of care that the court imposes on a paralegal who does not have a supervising attorney is the same that is imposed on an attorney. What action does this court suggest that a paralegal take when it becomes clear that there is no supervising attorney? If there is no supervising attorney, the paralegal must disclose this information to the client. JEAN V NELSON Does this rationale encourage lawyers to use paralegals? Yes, this rationale encourages lawyers to use paralegals. It helps the attorney work more efficiently and under less pressure when they have the assistance of a paralegal. Does this decision facilitate the availability of lower-cost quality legal services? Yes, the decision does facilitate the availability of lower-cost quality legal services because a paralegal can do the work at a cheaper rate than of an attorney. Should an attorney be allowed to charge more than out-of-pocket costs for a paralegal services? Yes, an attorney should be allowed to charge more than out-of-pocket costs for a paralegal services.