(662) 448-3187 - Una, Mississippi
(601) 884-0052 - Youngstown, Ohio
Unauthorized Practice of Law (UPL) Policy
As of June 26, 2019
The Unauthorized Practice of Law (UPL) Policy is to comply fully with all applicable laws that relate to UPL as set forth in MS Code § 73-3-55 (1972, as amended) as well as Rule 5.3 of the Model Rules of Professional Conduct as set forth by the American Bar Association (ABA).
ABA Definition of Paralegal: The current ABA definition of paralegal reads as follows:
“A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible."
The National Association for Legal Assistants (NALA) has incorporated this definition to include freelance and independent paralegals with consideration to the rules regarding UPL.
NFPA Definition of Paralegal: The NFPA defines a paralegal/legal assistant as:
“A person qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work.”
No employee of Legal Liaisons, LLC, shall at any time engage in the Unauthorized Practice of Law by any act or document preparation as follows:
o Employees shall refrain from “any exercise of intelligent choice in advising another of his legal rights and duties.” Darby v. Mississippi State Board of Bar Admission, 185 So.2d 684 (Miss. 1966); In Re Williamson, 838 So.2d 226 (Miss.2003).
o Employees shall refrain from giving counsel or advice and refrain from any preparation of documents as set forth in Miss. Code Ann. Section 73-3-55 (1972, as amended) which prohibits practicing law without a license and states: “[a]ny person who shall for fee or reward or promise, directly or indirectly, write or dictate any paper or instrument of writing, to be filed in any cause or proceeding pending, or to be instituted in any court in this state, or give any counsel or advice therein, or who shall write or dictate any bill of sale, deed of conveyance, deed of trust, mortgage, contract, or last will and testament, or shall make or certify to any abstract of title to real estate other than his own or in which he may own an interest, shall be engaged in the practice of law.”
o Employees shall at all times conduct themselves in accordance with UPL standards and clearly convey their non-attorney position to all clients and potential clients.
o Each client and a designated representative of Legal Liaisons, LLC, shall sign a Terms of Service Agreement prior to any services to be performed by any employee of Legal Liaisons, LLC.