Legal Question in Legal Ethics in California

Practice of law without a license

I am aware that no one can practice law except an attorney. Of course paralegals are doing a good job of it now. I wonder if it would be against the law to merely act as a guide to books, computer programs, and the many sites like this one. I know that a non-lawyer cannot interpret or give any kind of opinion. The closest to an opinion would be in guiding a person to certain pages in books or to the area of law that applies on the Internet. This is really only a curiosity question to hear what a lawyer would say. I already know that this will soon be happening so massively that it not be stopped.


Asked on 9/24/97, 4:06 am

1 Answer from Attorneys

UPL (Unlicensed Practice of Law)

What you propose ...

It COULD be UPL. As I see on this list, people ask questions about an area of law and then it turns out when you hear more about their story, they need information about an entirely different area.The act of listening to someone's tale and thencategorizing their problem is within the scope of the atty, not any layman's.

To whom do you expose yourself to liability for doing what you propose? The state or the barassociation could theoretically come after you and either just close you down or possibly slapyou with criminal charges (and I'd be practisingUPL if I tried to tell you how likely or unlikelyeach of those things were when I'm not your attyand not allowed to advise you! Am I a hypocrite?But I do know what risk I'm taking so don't worry about me.)

The other exposure is to the actual would-be client.If they have a serious claim and you help them to help themselves and thereby delay having an expert(the lawyer) direct their strategy, etc., and thenthey either do something that hurts their case orthey miss their deadline for filing suit and lose money, you could be on their hook. How likely isthat? I don't know.

Now if you put up a web page, passive, and you don'tinteract with would-be law clients, you are not engaged in UPL. You might want to ask a local attyto quote you local law describing what constitutesUPL and see for yourself where your plans fit in.

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Answered on 9/24/97, 11:04 am


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