Research On Paralegal Case

4 Pages 1059 Words

MEMORANDUM

INTRODUCTION
You 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 Bar’s claim, and Ms. Lewis’s possible defense.

STATEMENT OF FACTS
In 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. Lewis’s 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 client’s 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.

ISSUE
Did Ms. Lewis practice law when she provided such legal document service?

BRIEF ANSWER
No. 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 client’s 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.

DISCUSSION
In Cal Bus & Prof Code § 6125, “[n]o 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...