回複:問一個問題

來源: apt 2012-03-02 09:45:31 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1509 bytes)
回答: 問一個問題路是走出來的2012-03-01 20:43:42

Most states enacted their professional responsibility rules similar to the ABA model rules. New York and several other states have different rules. For example, New York has its own model code of professional responsibility. The rule of not to partner and share profit with a lay person has been in the ABA model rules since day one. Minority rules are similar at this point. I am not aware in any state that a law firm or a group of attorneys can be controlled by a lay person. They can form a partnership selling ice creams together. Just not practice law.

On the other hand, state laws vary regarding whether a lay person can practice law. Most states outlaw an unlicensed practice are different in punishment. In California, for example, a lay person practice law would be a misdemeanor. For example, Calfornia allows trial by written declaration to fight traffic tickets. There are some well known websites to help people write such a declaration. In my opinion this walks on a very thin line of unlawful practice because such a declaration not only includes a statement of facts but often includes some defenses. How to choose a defense requires legal judgment, which can only be done by an attorney licensed in California. A DA would hesitate to prosecute for First Amendment concerns but it does not mean such a layperson practice is legal.

The reason for ABA to enact Model Rule 5.4 is to protect the professionalism of the legal practice, and to protect the consumers as well.

請您先登陸,再發跟帖!

發現Adblock插件

如要繼續瀏覽
請支持本站 請務必在本站關閉/移除任何Adblock

關閉Adblock後 請點擊

請參考如何關閉Adblock/Adblock plus

安裝Adblock plus用戶請點擊瀏覽器圖標
選擇“Disable on www.wenxuecity.com”

安裝Adblock用戶請點擊圖標
選擇“don't run on pages on this domain”