Posted by J Gauthier on 3/3/06 7:03pm
Msg #101815

Advanced Medical Directive

Can I provide blank Advanced Medical Directive forms for my clients? Or is this part of not providing legal advice? Thanks for your help.

Reply by Korey Humphreys on 3/3/06 7:22pm
Msg #101817

In Massachusetts we are allowed to provide forms to clients. HOWEVER we cannot advise the client as to what they should write. I'm not sure about California.

The standard definition for UPL (unauthorized practice of law) is as follows:

Practice of law means providing legal advice or services to another by:

--Preparing any document in any medium intended to affect or secure legal rights for a specific person or entity;

--Preparing or expressing legal opinions;

--Representing another in a judicial, quasi-judicial, or administrative proceeding, or other formal dispute resolution process such as arbitrations and mediations;

--Preparing any document through any medium for filing in any court, administrative agency or tribunal for a specific person or entity; or

--Negotiating legal rights or responsibilities for a specific person or entity.



Be sure to read up on your states laws before providing forms to clients.

Reply by Korey Humphreys on 3/3/06 7:23pm
Msg #101818

sorry forgot to add the definition for UPL.... n/m

Reply by TitleGalCA on 3/3/06 9:34pm
Msg #101837

Did you know....

That UPL actually stands for..."unlawful practice of law" not "unauthorized" practice of law?? I actually larned something in my state mandated six hour course to renew my notary commission.

Hey, this will be my third consecutive commission...and fourth total. Wow, you'd think I actually knew something about this, huh?

(and if the vendor for the aforesaid six hour course is reading, not a peep outa you!)

Reply by PAW on 3/3/06 10:33pm
Msg #101849

Re: Did you know.... Yet different in FL

The Florida Supreme Court and the Florida Bar provides that UPL stands for the "Unlicensed" Practice of Law. (http://www.floridabar.org/DIVCOM/PI/BIPS2001.nsf/0/dc4a88c3a91eea378525669e004e16f9?OpenDocument)

Reply by TitleGalCA on 3/3/06 10:58pm
Msg #101851

Re: Did you know.... Yet different in FL

So then we have "unauthorized" (which is wrong, so far), "unlawful" (as described in the CA handbook) and now "unlicensed" (in Florida).

I submit that it should be referenced as stated in each poster's state requirements...none of which (so far) say "unauthorized".

I just think it's important to know what your state says, and it's VERY important to get the concept, regardless of the semantics.

Reply by Korey Humphreys on 3/3/06 11:15pm
Msg #101853

Re: Did you know.... Yet different in FL

"So then we have "unauthorized" (which is wrong, so far), "unlawful" (as described in the CA handbook) and now "unlicensed" (in Florida)."

Unauthorized practice of law (aka UPL) is common place in Massachusetts law. I could not find the exact law that describes it, however I did find a case that has been heard. The primary violation against the person was "unauthorized practice of law." (See link below)

If you do a quick search in Yahoo typing in: Massachusetts unauthorized practice of law, you can see that quite a few entries of the phrase exist. Tonight was the first time I've ever heard the terms "unlawful" and/or "unlicensed" when referring to UPL.

Finally, Executive Order 455 (04-04) titled: "Standards of Conduct for Notaries Public" also uses the phrase 'Unauthorized Practice of Law".


http://www.ago.state.ma.us/sp.cfm?pageid=986&id=798

Reply by Korey Humphreys on 3/3/06 11:23pm
Msg #101855

Found it TitleGal....

Pursuant to the Massachusetts Rules of Professional Conduct:

RULE 5.5 UNAUTHORIZED PRACTICE OF LAW

A lawyer shall not:

(a) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or

(b) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.

Comment

[1] Limiting the practice of law to members of the bar protects the public against rendition of legal services by unqualified persons. Paragraph (b) does not prohibit a lawyer from employing the services of paraprofessionals and delegating functions to them, so long as the lawyer supervises the delegated work and retains responsibility for their work. See Rule 5.3. Likewise, it does not prohibit lawyers from providing professional advice and instruction to nonlawyers whose employment requires knowledge of law; for example, claims adjusters, employees of financial or commercial institutions, social workers, accountants and persons employed in government agencies. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se.


You can find this here: http://www.mass.gov/obcbbo/rpc5.htm#Rule%205.5

Reply by LkArrowhd/CA on 3/3/06 7:48pm
Msg #101821

No sure this even answers your question but may provide some assistance to you, the ones I have notarized in the past, the client got them from the hospital and of course completed the form themself, the form appeared generic in nature and very basic.