CONSIDER: You have learned about and discussed the unauthorized practice of law many times. You should be aware that UPL applies not only to law office staff, but to others outside the legal field.
- PRIOR TO POSTING:
- Find the case In Re: Mid-America Living Trust Associates, Inc., 927 S.W.2d 855 (1996).
- Find the UPL rules for your state. MY STATE IS ALABAMA
- Use this case as a starting point to discuss the following:
- What would have been the outcome of the case if it had been heard in your state?
- Should a client, expecially a client on a fixed income, be allowed to choose a non-lawyer to provide legal services in an effor to lower legal costs? If so, what would you recommend as safeguards? If not, why not? Discuss the pros and cons.
- Discuss the business model of Mid-America Living Trust Associates, Inc. in reference to client confidentiality, the assessment of client competency, and the marketing techniques used to target senior citizens.
- Talk about the pros and cons of the “traditional” paralegal role, where a paralegal does work under the supervision of an attorney and how that model might be affected (or not) by the use of non-lawyer practioners.