Questions tagged [unlicensed-practice]
Unlicensed Practice of Law (UPL)
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Can an employer legally help a line manager at an English Employment Tribunal but not tell their employee (claimant) they will do this?
The background
After enduring months of a stressful and toxic work environment marked by harassment, the employee then attended a probationary review (PR) meeting with their line manager.
During the ...
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Student in Paralegal Studies working for a pro se legal in NC? [closed]
Student in Paralegal Studies as of 10/23/2023. Could I send legal information, documentation, case laws to someone that is Pro Se in prison?
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Could open source software illegally provide legal advice?
There is a company called DoNotPay. It bills itself as "The World's First Robot Lawyer", and at least in January was providing services such as "Defamation Demand Letter", "...
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In the US, what can't you do as a law student if you haven't passed the bar or finished your law degree?
What can law students (or a lay person) not do, if they haven't passed the state bar/bar exam or finished a law degree?
Is the bar exam like a certification program in engineering? Or is there more to ...
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Can voting on Stack Exchange be unlicensed practice of law?
Suppose I want to ask for specific legal advice, and can format it as a yes/no question. Also assume that the no-RSLA policy of Law SE is not enforced, only actual laws on unlicensed practice of law. ...
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Can a client share legal advice from a lawyer?
Alice, Bob, and Chris have a conversation about doing XYZ, and the question of legality comes up --- none of them know whether or not XYZing is legal. Alice hires a lawyer and asks him; he says yes, ...
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When practicing law pro se, can one have the assistance of a paralegal?
Lawyers often use paralegals and legal assistants to prepare legal documents. While only certified lawyers may practice law, paralegals can still prepare legal documents if a lawyer oversees the work ...
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Can editorial bias be considered medical advice?
In an issue where the scientific community is far from united, could an editorial bias in the media (stories and ads run vs censored or ignored) be considered medical advice and practicing medicine ...
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Is it always unauthorized practice of law for a notary to suggest which notarial act?
If you look at the notary manuals from many of the states, or you look at the advice on some of the advice on notary training websites like the National Notary Association, you see advice like this:
...
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Is it legal to write a software license if I'm not a licensed attorney?
I was hoping to create my own open-source license since none of the existing ones seem to work for what I want. However, someone mentioned to me that in the USA it's illegal to practice law without a ...
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Do you have to be a lawyer to represent someone else in court?
Recently, I've had to secure durable power of attorney (POA) for a friend of mine with a neurodegenerative disease to help him with a bunch of different matters.
We've been working our way through the ...
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If George Zimmerman wins his $100M lawsuit against Ben Crump, will he lose his license?
Currently, George Zimmerman is suing Ben Crump (and many others) for purposely using a fake witness against Zimmerman in the Martin case.
If he wins, which he most likely will as it is undeniable if ...
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Why is it against the law to practice law without a license?
I have heard that it is against the law. A message reads as follows describing this: Can we have an investigation of the attorney for practicing law without a license?
I asked my mother and she said ...
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Fallback license for the case public domain is unavailable [closed]
Suppose a software developer wants to release a software project into the public domain. However the developer knows that this sometimes causes more troubles than it solves due to the problem that ...
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Is it legit to fork an unlicensed repository for non-commercial purposes?
Edit: bear in mind that I'm not asking for which license, I'm asking whether it's fair or not.
I want to use the treepedia_dl_public library as a core part of a new website. I checked the repository ...
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How dangerous is it for British lawyers to give advice on Law Stack Exchange?
How risky is it for people to self-identify as legal professionals and answer questions here?
In Britain, precedent such as Chaudry v Prabhakar – 1989 can make British lawyers reticent to give ...
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Is recommending specific medications "practicing with a license"?
My wife and I are receiving counseling about some marital issues. We met one time with the counselor, and my wife told him I'm depressed. He took that as fact without investigating, and pressed me to ...
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Why couldn't this character in 'Better Call Saul' be a paralegal or take a similar role?
In Season 3 of Better Call Saul,
Could this character have helped that person with the legal paperwork in the same capacity as a paralegal -- filing documents, proofreading, etc. could? Or would the ...
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Home maintenance: contractor paying separate company to obtain permit
tl/dr: I'm trying to perform some home improvement projects in preparation for selling in 6 months. My jurisdiction requires a permit for one part (replacing siding on one side of the house). I know ...
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3
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Are there any legal restrictions to practicing law over video conference like there is with medicine?
For example in medicine, you have requirements in many states for what constitutes a valid patient / client relationship and that this requires some in-person visits etc. does something exist like ...
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Do UK law degrees qualify someone to work as a lawyer in the US?
I am from Bangladesh. I did my Bachelor of Law, Masters in Law and the Bar (BPTC) from the UK. I have worked in the legal departments of companies and some freelancing in Bangladesh since 2012. I want ...
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What is the purpose of a disclaimer like "this is not legal advice"?
If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"?
For the purposes of this question, I ...
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Can a layman conduct legal proceedings on behalf of a corporation for which he works in New Hampshire?
I do occasional favors for a foreign (non-US) corporation, helping it manage investments in the United States. I have a power of attorney authorizing me to act in behalf of the corporation. I get paid ...
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Where is the bright line for practicing law?
I would like to understand if a CAM interpreting HOA bylaws & lawyer's opiniom, then executing their decision is the practice of law
BACKGROUND
A Florida HOA homeowners contest a CAM's ...
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I fancy myself an amateur lawyer. Can I represent someone in court, in the state of Maryland?
I live in Montgomery County Maryland. I am not a lawyer.
But I have significant legal experience. I have successfully sued people, watched many trials, I have successfully won dozens of trials for my ...
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Jurisdiction and Unauthorized Practice of Law
Joe in state A asks a question online: "I did _____. Is it legal? What are the consequences? What should I do?" Jake in state B responds in a manner which, while entirely okay according to state B's ...
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Does adding text "I am not a lawyer" or equivalent, on the internet in general, do anything in legal terms?
There's this question here about US specifically, but I'm interested to know if, in general, on any site on the internet, whichever jurisdiction its content may be hosted in, does adding "I am not a ...
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Bar Admissions Geography
New York Judiciary Law § 478 makes it illegal to practice law in New York state. I imagine that there is some law defining what constitutes practicing "in" the state, and that questions probably ...
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What legal powers does a person have without having full legal qualifications? (UK)
What legal powers does a (UK) person have without having full legal qualifications? I am interested as you can't represent someone in court without being a fully qualified solicitor/barrister (as far ...
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When are advisory rulings ever not "private legal advice"?
I asked my state board of counseling professionals for an advisory ruling. Here is the statute that says I can ask for an advisory ruling from them:
http://www.mainelegislature.org/legis/statutes/5/...
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Has being a clergyman or bona fide religious person been a defense to the charge of "practicing law"?
I'm wondering because here's what I am thinking. Religion is inextricably connected to whether something seems like the "right thing to do." Often, people struggle with what the "right thing to do" ...
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Am I breaking the law by giving a friend advice?
My Friend had some questions about copyright laws, I told him that he was breaking said copyright laws and should do a few things different with his business.
Is this considered breaking the law? I'm ...
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Can a power of attorney allow you to act "pro se" on behalf of the issuer?
Anyone can represent themselves in a court of law, if he or she doesn't want, or can't afford, a lawyer. On the other hand, only lawyers who have passed the bar in a state are allowed to represent ...
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What is the history of attorney licensing and regulation in the United States, Britain, and the colonies?
I'd like to know when law licensing first started, both as to "certification" and as to "licensing" if such a distinction applies in history. I'd like to know when it began to take hold. I'd like to ...
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Claiming to be a lawyer (UK)
On workplace.stackexchange.com, a question was asked where someone had worked for a company, the company apparently asked him to sign a contract that he would do additional work for them for free, ...
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Why are pro se litigants allowed to practice law?
I see a lot about why people aren't allowed to practice law on behalf of another person, but I do not see any positive justification for allowing a pro se litigant to practice law on behalf of himself....
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Can advising someone to hire an attorney ever be considered an unlawful practice of law in itself?
Suppose you advise someone to hire attorney because it is your opinion that certain facts exist and that they are "illegal". Further, suppose you are not an attorney and the process of advising this ...
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Why do non-lawyers refer you to lawyers even when they know the answer?
We've all seen it: you ask a law question (a classic being "Am I violating X's copyright by doing Y?"), but they refuse to respond and instead tell you that you should be asking a lawyer, not them.
I ...
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Can a power of attorney be used for criminal matters?
Can a layman with a power of attorney lawfully represent someone else in criminal matters?
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Are prosecutors members of the bar?
In the so-called common-law countries (or common law adversarial system, or common law jurisdictions) are prosecutors members of the (state) bar? If so, is that a requirement?
If so, does that mean ...
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Why don't attorneys like to offer subjective advice?
In another question, a commenter mentioned to me that attorneys 'are bad enough about giving concrete legal advice, let alone subjective legal advice.'
He was referring to my question of "is it wrong ...
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Practicing Law without a License over the Internet
John Smith is a US citizen who is ordinarily a resident of California who is not and never has been admitted to the bar in any jurisdiction. He is travelling in the UK, and gives legal advice on ...
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Can non-lawyers help people study law and do small claims?
Can a self-taught enthusiast in an unrelated occupation, without a law degree, without any sort of formal legal education nor bar admittance, help other people study law? What would be the ...
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USA: Is "I am not a lawyer" disclaimer generally necessary?
Is it legally necessary to disclaim "I am not a lawyer" when engaging in casual conversation, writing Internet posts, etc. to avoid civil or criminal liability for one's comments? Specifically, in ...
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