Multistate Professional Responsibility Examination (MPRE)Regulation of the Legal ProfessionHard
Attorney David, licensed in State M, is approached by 'LegalGenius Consulting,' a non-lawyer-owned firm that offers legal document preparation and paralegal services to the public. LegalGenius Consulting proposes that David review and sign off on certain complex legal documents prepared by its staff for clients, for a flat fee per document. David's name would appear on the documents as 'reviewing attorney,' and he would meet with clients only if specific issues arose, not for initial consultations. Is it ethical for David to accept this arrangement?
- ANo, unless David supervises the LegalGenius Consulting staff directly as if they were his own paralegals.
- BNo, because this arrangement constitutes assisting a non-lawyer in the unauthorized practice of law.
- CYes, provided LegalGenius Consulting prominently discloses to clients that David is an independent attorney and not an employee.
- DYes, as long as David ensures the documents are legally sound and he retains ultimate professional responsibility.
Show answer & explanationAnswer & explanation
Correct answer: B. No, because this arrangement constitutes assisting a non-lawyer in the unauthorized practice of law.
A lawyer shall not assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law. LegalGenius Consulting, by preparing and offering legal documents to the public without lawyer oversight for initial consultation and client relationship establishment, is engaging in UPL. David's arrangement would be assisting them in this UPL.
Why the other options are wrong
- A. Even direct supervision for the document preparation itself would not fully address the UPL by LegalGenius Consulting in establishing client relationships and offering services to the public without a lawyer's direct involvement from the outset.
- C. Disclosure of independence does not cure the underlying problem of the non-lawyer firm engaging in UPL and the lawyer assisting it.
- D. While professional responsibility is important, it doesn't legitimize assisting UPL. The core issue is the non-lawyer firm providing services directly to the public.
Assisting Unauthorized Practice of Law (UPL)
A lawyer must not assist a non-lawyer in activities that constitute the unauthorized practice of law.
- Includes sharing fees with non-lawyers, forming partnerships with non-lawyers for law practice, or enabling non-lawyers to provide legal services directly to the public.
- Reviewing documents prepared by non-lawyers for the public can be UPL assistance if the non-lawyer firm is essentially practicing law.
- The lawyer must maintain direct control over the legal services and client relationship.
Memory trick: Don't lend your license to a non-lawyer's venture, avoid disciplinary censure.