Professional Documents
Culture Documents
Bankruptcy
Practitioners and Staf
March 2017
What is Unauthorized Practice
of Law?
- Unauthorized Practice of Law (UPL) is a broad concept that involves different types of activity
- "[T]he giving of advice or rendition of any sort of service by any person, firm or corporation
when the giving of such advice or rendition of such service requires the use of any degree of
legal knowledge or skill." People ex rel. Illinois State Bar Ass'n v. Schafer, 404 Ill. 45, 51, 87
N.E.2d 773 (1949).
- The practice of law is any service rendered involving legal knowledge or legal advice, whether
of representation, counsel or advocacy in or out of court, rendered in respect to the rights,
duties, obligations, liabilities, or business relations of one requiring the services. KENTUCKY
REVISED STATUTES, RULES OF THE SUPREME COURT III, PRACTICE OF LAW SCR 3.020. Practice
of Law Defined.
- These broad rules do NOT mean non-attorneys cannot participate in the legal process
Non-Lawyer Involvement Is
Perfectly Acceptable
- Non-lawyers still play a key role in assisting clients by:
- Gathering client information
- Potential civil and criminal liability for firm and individuals who engage in
conduct
- Once you get your bankruptcy filed you can expect to see a slight increase (in credit
score), anywhere from 75-100 points.
- So how vehicles work in bankruptcy...is you just continue to make those payments
monthly and it wont be affected.
- The number 1 option for you, in my opinion, would be the chapter 7...the other
option, I dont see you electing to do, is the chapter 13.
Examples 3-6: Good or Bad?
- Im not super familiar with that [situation], so make sure to speak with your
attorney about that.
- If we can get you filed and still count it as though a dependant is still living
with you, then filing a Chapter 7 shouldnt be a problem...So thats why I
want to make sure we talk talk to your attorney and confirm...
- She (Ms. Smith) may have, frankly, just a little bit more insight than I do, I
know shes, frankly, a bit more of an experienced attorney than I am
- Yes, you can file a Chapter 7 and keep your car.
Pointers for Non-Attorneys
Use should, would, and could
Dont make promises
Follow your scripts
When client persists with a question, you can answer by telling the client
that you are not an attorney, but that they will have an opportunity to ask
those questions to their attorney
Do not give specific direction to take activity, like stop paying your bills
Do not make a legal conclusion, like Chapter 7 will be best for you.
Conclusion
Non-attorneys play key role in serving clients by being empathetic, and
providing and gathering information
Non-Attorneys must keep keep UPL in mind when interacting with clients
Key takeaway is not to apply facts to clients case or give advice, and stick to
authorized topics