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The Florida Bar v. Abrams

37

Questions about the Case

39

The Florida Bar v. Lawless

39

Questions about the Case

41

In re Estate of Divine

41

Questions about the Case

45

3. Unauthorized Practice of Law

47

A.

A Brief History of Unauthorized Practice of Law

48

1.

The Early Years

48

2.

The Recent History: Nonlawyer Legal Service Providers and Access to Legal Services

49

3.

Recent UPL Activity

52

B.

Practice of Law Defined

54

C.

The Lawyer's Responsibility to Prevent the Unauthorized Practice of Law

57

D.

What Constitutes the Practice of Law

58

1.

Court Appearances

58

2.

Giving Legal Advice

61

3.

Establishing the Attorney-Client Relationship and Setting Fees

64

E.

Paralegal Tasks That May Constitute the Unauthorized Practice of Law

65

1.

Common Paralegal Problems

65

2.

Will Executions

66

3.

Real Estate Closings and Related Matters

66

4.

Negotiating Settlements

67

Review Questions

68

Discussion Questions and Hypotheticals

69

Research Projects and Assignments

72

F.

Practice before Administrative Agencies

73

G.

Disclosure of Paralegal Status and Job Titles

75

H.

Paralegals Working as Independent Contractors

79

Review Questions

80

Discussion Questions and Hypotheticals

81

Research Projects and Assignments

82

Cases for Analysis

83

The Florida Bar v. Furman

83

Questions about the Case

85

State v. Foster

85

Questions about the Case

88

Board of Commissioners of the Utah State Bar v. Petersen

88

Questions about the Case

90

In re Moffett

91

Questions about the Case

93

In re Reynoso

94

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