Ethan Lawyer is in a hurry today (just like every day.) As he is running out the door to a hearing, he says to Isabella Paralegal Call Ms. Client and tell her that she should not pay the tax penalty because IRS Code 502 says she doesn't have to. Later that day, Isabella calls Ms. Client and says Ms. Client? This is Isabella at Ethan Lawyer's office. I'm calling to say that you should not pay the tax penalty. IRS Code 502 says that you don't have to. Isabella
A) did not commit an act of misrepresentation so long as she has introduced herself before to Ms. Client
B) did not commit an act of misrepresentation if she called Ms. Client on her own time, not work time.
C) committed an act of misrepresentation only if she was speaking to an answer machine, not Ms. Client.
D) committed an act of misrepresentation when she did not identify herself as a paralegal.
Question 2
Jacob has been a paralegal for over 10 years and is now in his third year of law school. As part of his law school training, Jacob is participating in the schools Law Student Defense project where certain law students represent indigent criminal defendants in court. When he is in court, Jacob
A) is not guilty of UPL because he has the requisite education and training to represent others in court.
B) is guilty of UPL because, as a paralegal, he should not be representing others in a court of law.
C) is not guilty of UPL because the law permits law students who are participating in these types of projects to benefit the indigent defendants by practicing law under the supervision of a lawyer.
D) is guilty of UPL only if he does not identify himself to the judge as a law student AND a paralegal.
David P. Bradley (White Earth Oijbwe, and Mdewakaton Dakota), Indian Country Today.
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