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Unauthorized Practice of Law

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Unauthorized Practice of Law So Mr. and Mrs. Stan Smith have contacted their old pal, Polly Paralegal. They have asked her questions regarding the State of North Carolina’s grounds for divorce. Mr. Stan Smith wants to know if grounds for divorce in North Carolina include adultery. Mrs. Stan Smith would like to know the answer to a similar question as she has just found out that Mr. Stan Smith has committed adultery. Mr. and Mrs. Smith believe that Polly Paralegal will be able to answer their questions; after all she does work in the legal field right? Polly Paralegal does not have a license to practice law! Therefore, she should not answer certain questions! Mr. Stan Smith asks a very specific question, “Do the grounds for divorce in North Carolina include adultery?” Polly Paralegal should not answer Mr. Stan Smith’s question. There would definitely be some Unauthorized Practice of Law being committed if she does. Polly must advise Mr. Stan Smith to consult with an attorney, she may even refer him to the attorney she works for if divorce if possible. Now if Polly were not a paralegal, maybe she is a dog groomer instead, it would not be considered unauthorized practice of law for her to answer this question. But, Polly is a Paralegal; therefore, Polly should not answer this question. (Orlik, 2008). Now Polly must also deal with Mrs. Stan Smith. This must be awkward for her! Polly Paralegal must also remember ethics in this situation. She is a friend to both sides. Polly must be careful if Mr. Stan Smith retains the firm she works for to handle his divorce. Polly must immediately alert the attorney of her personal involvement so that an educated decision can be made by the attorney regarding representing Mr. Stan Smith. If Polly Paralegal works for a small law firm with just the attorney and the Paralegal, it may be best for Mr. Stan Smith to select a different

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