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  #1  
Old 01-05-2002, 04:30 AM
mytearsofjoy
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Can a student of the law advise anyone involved in litagation


My question is fairly straight forward one. I will give the state where action is taking place just incase. Washinton state. Is there any law in regards to a student of the law. such as paralegal, or court clerk student advising, guiding or instructing another person as to litagation. by this i mean, suggest course of action, aid in preperation, advise, suggest, or anyother manor which could effect a legal action of other person? If unclear please inquires are welcome.
  #2  
Old 01-05-2002, 08:15 AM
erev46
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Advice can come from anyone. In fact you can defend yourself in a court of law.
Misrepresentation is another thing.
All I would caution you about is the quality of the advice**************
  #3  
Old 01-05-2002, 07:04 PM
mytearsofjoy
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I am afraid I wasent able to be as clear about my question as I had intended. I will try again.
The state is Washington. I have discovered that a legal student involved their self in a suit against me via the petitioner. The suit would never have come about with out the influence and direction of this law student. This person had done everything possible to prevent anyone from discovering their status. It has come to light mostly by accident. This suit has caused myself and my family a great deal of damage not to mention near financial ruin. I have been told that this type of direction from a legal student who is also employed by one of the leading as well as largest businesses in in the area. It also has come to light that this persons employment position was misrepresented and is acutally a possition in the legal department of this business. my question is, are there any laws against this type of involvement by a person in this position?
  #4  
Old 01-05-2002, 10:40 PM
dorenephilpot
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A paralegal, law student or legal secretary can share his/her knowledge with others.

He/she cannot go to court and represent someone else, however.

If the person is actually preparing petitions and other documents for use in court, unsupervised by a licensed attorney, that becomes a murkier area and could be construed as the unauthorized practice of law.

However, urging or pushing someone to sue or not to sue is something that anyone can advise anyone of. I'm sure you've overheard folks in your workplace urging one person to sue another. This is not the unauthorized practice of law.

This is a very fact-sensitive area -- depends largely on exactly what happened, what the laws are in your state and whether you actually want to pursue this line of attack.

Have you thought instead about focusing on attacking the merits of the suit itself? This would probably prove far more fruitful use of your time and emotional energy.
  #5  
Old 01-06-2002, 02:58 AM
mytearsofjoy
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Thank You for your response, my reasons for this question are many, I am afraid I cannot share enough info to get the answer that I am looking for. And be asured I have covered my end of the battle where focus is concerned. It is not easy to focus on the where to defend when you have no idea where the attack is coming from or who or what the attackers are. Again, thank you,
  #6  
Old 01-09-2002, 12:23 PM
Sara_1970
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UPL - dorenephilpot please answer


Please clarify your statement that a paralegal can share advice .... because isn't giving legal advice also the crime of UPL?
  #7  
Old 01-10-2002, 08:41 AM
dorenephilpot
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Sorry I thought the statement was pretty clear. In case it wasn't, here it is again:

I said, "A paralegal, law student or legal secretary can share his/her knowledge with others."

I did NOT say that a paralegal can give LEGAL ADVICE, which were the words that you chose to use.
  #8  
Old 01-10-2002, 11:38 AM
Sara_1970
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DORENE! still confused


Where's the line drawn between sharing advice and giving it?

We met a paralegal online who offered to do some work(custody modification) for us. We spoke to her on the phone several times and she also gave us free tickets to a theme park she worked for. After building our trust, she disappeared from the message board for 3 + months. When we started inquiring about her, she got mad and called his ex. My husband's ex told this paralegal one lie after another about us and the paralegal relayed all of the untruths on the message board.

She claims that my husband is behind $5000 is CS, which is not true. He pays via wage assignment as stated in their divorce agreement. The paralegal offered to anyone on the board to email her and she'd tell them when he was going to court (to be made a fool of). I made up a hotmail account and emailed her. SHe sent me two pages of complete garbage about the two of us (the ex's lies) and she said that my husband made a mistake messing with her and now she was gonna help his ex "slam him".

See their divorce agreement was from another state than FL and has not been domesticated to FL (yet). Shortly after after my husband's divorce, he changed careers and earns more now. In FL I found a statue that basically says that he *might* owe her back support for not reporting the raise. However, there is no such statue from the State where the divorce was granted. In the meantime, his ex is NOT working to her earning potential and she basically uses the CS as HER income, not the children's (she makes more CS a month than she does working).

We made a complaint to the FL Bar about the paralegal's activities. We have emails in which she states that she takes money for doing legal work, she never mentioned a nondisclosure agreement when we were dealing with her, and now recently she has posted that she goes to the local shelter in the "dead of night" to help abused women do legal paperwork. We know her angle is that she is a do-gooder who helps people that can't afford an attorney and she claims to only take people's info and fill it out on the forms. Don't forget the email I have that she states she is gonna "slam" my husband for messing with her.

In your personal opinion, do you think she was guilty of UPL?
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