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Law

The unauthorized practice of law by paralegals/legal assistants in New York State

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The unauthorized practice of law by paralegals/legal assistants in New York State

PROJECT DESCRIPTION:The unauthorized practice of law by paralegals/legal assistants in New York State is undermining the paralegal profession and increased regulation and enforcement in the area ofunauthorized practice of law is necessary.In this project, students will:a) perform research using bar association resources, case law and applicable statutes (both in New York as well as in other states) in order to gain an understanding of the concept of
unauthorized practice of law by paralegals in New York;b) evaluate the effectiveness of current regulations/sanctions re: the unauthorized practice of law in New York; andc) propose additional regulations/sanctions for submission to the various New York Bar Associations as well as to the Office of the Attorney General of the State of New York; andd)research the Internet (websites and social media) for examples of unauthorized practice of law committed by
paralegals (or people who call themselves paralegals) and create a list of these websites/names[unique_solution]Forexample, the table/document would read:Company name/web address/social media information/example and attach thistable to the 5-7 page paper.The final project will be in the form of a 5-7 page paper which will incorporate the information gathered and compiled for a), b), c) and d) above. Citations will be
in MLA format.In performing research on the topic, it is evident that there is not even uniform authority on the unauthorized practice of law for attorneys:“(A)t present, there is no single place to turn in New York state for a definition of the practice of law and what may constitute the unauthorized practice of law in New York state.
However, attorneys are referred to the provisions of article 15 of the Judiciary Law (especially §§ 478 and 484). Investigation and prosecution of allegations of unauthorized practice are handled by the Attorney General’s office (Judiciary Law §§ 476-a to 476-c). Unauthorized practice may subject the violator to misdemeanor prosecution (Judiciary Law § 485) or contempt of court (Judiciary Law § 750[b]). (See, also, Judiciary Law §§ 16, 250).”www.nysba.org

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