Problem
I. Paralegals may not engage in the unauthorized practice of law. Discuss what constitutes the unauthorized practice of law. How many different points of view are represented by the definition of unauthorized practice of law? Is there a simple definition, or might it depend upon the circumstances or location? How so? Is this merely a definitional boundary around the practice of law or are there (or have there been) democratic values at stake, too? Either way, are there any comparators in other professional fields?
II. Provide some examples of what activities a paralegal may not perform. Have such activities always been required to be performed by a lawyer, or have times changed over the years such that these activities are now viewed more loosely or restrictively than they were in the past? Either way, what clues does this give you about whether such activities will remain solely within the purview of attorneys for the foreseeable future?
III. You are presently a paralegal at a law firm in your home state. The attorney you are working under is a litigator and is always in court. Most clients develop a good relationship with you because you are the main point of contact for the firm. The attorney advises you to answer their questions because he has no time between court and other pressing meetings. What questions can you answer? What questions cannot you not answer?