Elderly Law discussion, law homework help

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Question Description

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.

INSTRUCTIONS:

  1. PRIOR TO POSTING:
    1. Find the case In Re: Mid-America Living Trust Associates, Inc., 927 S.W.2d 855 (1996).
    2. Find the UPL rules for your state. MY STATE IS ALABAMA
  2. Use this case as a starting point to discuss the following:
    1. What would have been the outcome of the case if it had been heard in your state?
    2. 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.
    3. 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.
    4. 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.

Tutor Answer

Wilbet
School: Boston College

Here you go pal,

Running Head: ELDERLY LAW

1

Elderly Law

Name
Institution
Instructor
Course
Date

Running Head: ELDERLY LAW

2

Question One
In the case “In Re: Mid-America Living Trust Associates, Inc., 927 S.W.2d 855 (1996),”
the action was placed forward by the Chief Disciplinary Counsel (CDC) against respondents,
Mid-America Living Trust Associates, Inc., and Robert Dillie. In the case, the Chief Disciplinary
Counsel sought for a pronouncement as to whether the respondents were involved in an
unauthorized practice of law and injunctive relief. The Chief Disciplinary Counsel purported that
Mid-America Living Trust Associates, Inc., and Robert Dillie;


Offered legal counsel to people regarding the necessity for and suitability of several
forms of living trusts



Collected information from people for use in assessing what form of trust is suitable
and in preparing trust documents



Prepared trust documents for clients



Prepared other legal documents such as wills and durable powers of attorneys for
clients; and



Mid-America charged and collected fees for such services.

In its judgment, the Court found by a majority of the proof that Respondent committed
professional misconduct. The court, in its decision, explained that the respondent's various
standpoints on the happenings that occurred extremely weakened his credibility and that the
respondent failed to contest the factual events as presented and determined by the. The Court
further disagreed with the Respondent’s argument that the rules of professional conduct would
not have obligated him to perform at a greater level (Lopata, 2000).

Running Head: ELDERLY LAW

Similarly, the outcome of this case would have been the same in my state, Alabama. In
my state, the representation of a party by a non-lawyer in a court-sanctioned arbitration process
would create the unauthorized practice of law. Besides, a lawyer has a legal mandate to notify
the matter of the nonlawyer's representation of a client to the attention of the arbitrator and if
applicable, to the attention of the court.

In Alabama, Rule 5.5, Ala. R. Prof. C. provides as follows:

Unauthorized Practice of Law: A lawyer shall not:


Practice law in a jurisdiction where doing so violates the regulation of the legal
profession in that jurisdiction; or



Assist an individual who is not a member of the bar in the performance of activity
t...

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Anonymous
Thanks, good work

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