the independent paralegal's handbook, how to provide legal services without becoming a lawyer 6th (2004)

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the independent paralegal's handbook, how to provide legal services without becoming a lawyer 6th (2004)

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[...]... paralegal alternatives For example, in states such as Arizona and California more than 60% of divorces and 30% of bankruptcies are now done without lawyers The growth in independent paralegal services is being fueled by the dramatic increase in the availability of plain English legal materials made possible by the World Wide Web Just a few years back, it was necessary to call a lawyer or visit a law... offer a number of suggestions that should ease the way for the nonlawyer willing to deliver competent services in the hostile shadow of the American legal profession By way of example, this book covers: • What types of legal paperwork an independent paralegal can safely and profitably prepare; Intro/6 Independent Paralegal’s Handbook • How to get the necessary training to work as an independent paralegal;... Independent Paralegal’s Handbook It’s also worthy of note that Abraham Lincoln, a lawyer who had almost no formal education and never went to law school, appeared in court to represent clients as a paralegal before he was admitted to the bar.4 B The Lawyers Take Over By now, you are probably asking, “So what happened?” How did lawyers develop their stranglehold over almost every aspect of making, administering,... is that departures from the original model leave IPs vulnerable to attacks by the organized bar Close compliance with the original independent paralegal model, on the other hand, historically has worked to keep the lawyers at bay If this book has one central purpose, it is to teach you how to stay within the original model to avoid trouble with organized lawyerdom The California Legislative Breakthrough...TOC/2 Independent Paralegal’s Handbook C Limit Yourself to Legal Form Preparation: Don’t Give Legal Advice 3/18 D Create a Good Questionnaire 3/22 4 • Legal Areas Open to Independent Paralegals A Avoid Contested Cases 4/2 B Type Legal Forms in High Demand 4/6 C Legal Areas Open to Independent Paralegals 4/8 5 • Naming Your Business A Avoid Buzz Words That May Antagonize... Chapter 14, Section A, for more on the California independent paralegal regulations.) Florida has taken a different approach There, independent paralegals are allowed to prepare hundreds of forms that have been approved by the Florida Supreme Court Arizona has taken a third approach In The Historical Background 1/3 July 2003, new court rules became effective under which Arizona IPs are renamed Legal. .. prohibiting the unauthorized practice of law (UPL) As we point out in Chapter 2, this type of statute is almost always ill-defined, that is, the statute doesn’t define the practice of law but rather leaves it to the courts to decide on a case by case basis, after the fact, whether a particular activity is or is not the practice of law Intro/2 Independent Paralegal’s Handbook The Original Independent Paralegal... such areas as bankruptcy, personal injury settlements, guardianships, name changes, and restraining orders against domestic abuse Over the years, the folks offering these services began to refer to themselves as independent paralegals (IPs) Other names that are commonly used to describe IPs are legal technicians, form preparation services, legal typing services, and most recently in California, legal. .. • How to name your business; • How to market your services in a cost-effective way; • How to make sure customers know you are not a lawyer; • How to work with lawyers when appropriate; • How to minimize the chance of harassment by the bar; • What to do if you are threatened by the bar or a district attorney; • How much to charge for your services; • How to think about working with computers and the. .. with an established practitioner When they had learned enough legal ropes, they were questioned by a local judge (who had very likely received much the same sort of catch-as-catch-can training) and admitted to practice When it came to legal knowledge, the gap between an attorney and the average educated citizen was less than great in the cities and almost nonexistent in rural America Even James Madison .

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  • Table of Contents

  • Introduction

  • 1. The Historical Background

    • A. An American Tradition: “Every Man His Own Lawyer”

    • B. The Lawyers Take Over

    • C. The Modern Movement Away From Lawyers

    • 2. The Law

      • A. Introduction to the Concept of Unauthorized Practice of Law (UPL)

      • B. Criminal Penalties for Unauthorized Practice

      • C. Civil Enforcement of Criminal UPS Statutes

      • D. Judicial Penalties for Unauthorized Practice—the Inherent Powers Doctrine

      • E. Enforcement of Unauthorized Practice Rules

      • F. A Review of Unauthorized Practice Litigation of the Past 30 Years

      • G. The Constitution and the Independent Paralegal

      • 3. How to Do Your Job and Stay Out of Trouble

        • A. Tell the World You Are Not a Lawyer

        • B. Provide Your Customers Access to the Basic Legal Information Necessary to Make Their Own Decisions

        • C. Limit Yourself to Legal Form Preparation: Don’t Give Legal Advice

        • D. Create a Good Questionnaire

        • 4. Legal Areas Open to Independent Paralegals

          • A. Avoid Contested Cases

          • B. Type Legal Forms in High Demand.

          • C. Legal Areas Open to Independent Paralegals

          • 5. Naming Your Business

            • A. Avoid Buzz Words That May Antagonize Organized Lawyerdom

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