I asked a family member who recently graduated from law school to review and negotiate a contract for me. She did so. She has not taken the bar exam in her state nor in my state, I signed this contract thinking she was already an attorney simply because she graduated from law school, but now I find out she's not fully an attorney yet.
The law regarding this type of contract states that a attorney is to review it on my behalf, and now the other parties to this contract are refusing to invalidate the contract.
Is she allowed to give me legal advice and help negotiate a contract for me although she may not fully be a lawyer and is that contract valid, now that it has been signed, etc. Or is it no longer enforceable.
2007-05-24 04:14:15 · 13 answers · asked by missteaus 2 in Politics & Government ➔ Law & Ethics
Pretty strange. Why did you sign the contract if you wish to have it invalidated? Anyway, you did receive legal advice from an accredited attorney. She MAY NOT practice law in the state where she resides until she passes the bar for that state, but she is qualified to render an opinion on a contract. You signed a legal contract and cannot weasel out of it as easily as you might wish. The contract is valid. That said, any contract can be invalidated. All you need do is fail to uphold your obligations in the contract, and it will invalidate it. You will however be held accountable for damages to the other party.
2007-05-24 04:21:04 · answer #1 · answered by Anonymous · 1⤊ 2⤋
a) there is no such thing as 'practicing law w/o a license'. Why? Becuz the supr crt says practicing law is a 'common law Right' and therefore does not need a license. If u need further proof, write ur state capital and ask which dept gives out a 'law license'. They don't. The 'state bar' is more or less a club w/ dues. They can't give themselves a license the same as Doctor's (AMA) can't give themselves a license - only the state can issue a 'license' .
b) The law that's above the constitution is the law of contracts. It's been around for thousands of years. In America (all states of the union) u have the fundamental Right to contract. And, 'no rule, code, or law' can interfer w/ ur fundamental Rights' (at least that's what the sup crt says. See Miranda v. AZ.)
c) I've spoke on my own behalf in fed crt 3 x's & state crt 5 x's - it's no big deal. Most lawyers I saw in crt were clowns - and if their clients (paying customers) witnessed how they waste time and then charge for it - their customers would b pissed.
d) fyi - if u hire an attorney - u r telling the crt u r a child, mentally ill - these are not my words but read the 'legal' definition for attorney.
e) vry few lawyers know the law - they are taught procedure.
f) lastly, u have the fundamental Right to the assist of councel. This should tell u that u can have the help of anyone u desire.
g) Next time, use a para-legal. They generally are more helpful, more friendly, less expensive, and know more then most attorneys.
hope this helps
2007-05-24 04:51:46 · answer #2 · answered by Anonymous · 0⤊ 1⤋
O my God...I cannot believe your relative did that. Your family member broke the law....as lawyers we are not allowed to practice law until we pass the bar and are licensed in the appropriate state. If I have a license in North Carolina I cannot go to South Dakota to deal with legal issues except for a few exceptions...but a rencent graduate is never allowed to practice until they pass the bar.
You family member committed what is called the unatuhorized practice of law and if found by the states bar association they will not be allowed to take the bar exam...effectively ending their career, for a while.
Negotiating contracts would fall under practicing law so she clearly was wrong. Now for your question if the other side knew she was not a licensed attorney and acted you could have the contract voided because of fraud...but if they asked are you an attorney and she said yes...they are under no obligation to look up her bar number and confirm...so in this case there is no action allowing an invalidation.
I am assuming you entered into this contract thinking she was a qualified attorney and ended up with a bad deal....well your only hope unless the other side acted fradulently is to bring an action against your relative in a malpracitce suit before the bar...claiming that she acted wrongfully and you were not aware she could not do it....
As for unlicensed attorneys all they can do is legal info...not legal advice....She could tell you the law: ""A contract requires an offer and acceptance." She cannot give you legal advice..."you should sue and argue these points because what he did was wrong" She pretty much can't do anything until she takes the bar.
2007-05-24 04:32:15 · answer #3 · answered by Dr. Luv 5 · 1⤊ 0⤋
She is not a lawyer until she passes the bar exam and gets her license to practice law. She is not allowed to give you legal advice or practice as a lawyer until those requirements are met. What is at issue is the contract you entered into that allowed you to have "attorney review." You elected to fulfill the "attorney review" requirement by using a law student - depending on the type of contract you entered into, this was a bad move on your part. Your judgment error does not constitute a reason for the other parties to invalidate the contract. Good luck -
2007-05-24 04:31:58 · answer #4 · answered by Anonymous · 0⤊ 1⤋
No, she cannot legally practice law in any State until she has passes that particular state's Bar Association Examination (most don't pass upon the first try). To give out legal advice and represent herself as an attorney before passing the Bar in that state could land her in a world of criminal liability and highly likely prohibit her from pursuing the Bar exam in any State.
Additionally, once her deception is discovered, any act that she illegally accomplished could be invalided if the other parties involved wanted to dispute the validity of the contract.
2007-05-24 05:44:46 · answer #5 · answered by bottleblondemama 7 · 0⤊ 1⤋
The question isn't whether you should go to law school or not, but whether you want to practice law. Well, do you? Also, take into consideration there are way more people graduating law school in the States than there are available jobs that practice law; So to get a decent job after acquiring another JD you will need to go to a decent law school. I have no clue how good of a school your alma mater is, but if you can just take the bar exam and pass you might be well off.
2016-05-17 03:59:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She is not a lawyer and she cannot give legal advice. Even if she passed the bar in her own state she should not give legal advice to you if you live in another state since she is not licensed in your state.
As to whether or not the contract is valid, that depends on the contract, type of contract, etc. so I recommend you speak to a real laywer in your state that can review the contract.
2007-05-24 04:19:05 · answer #7 · answered by a 4 · 1⤊ 0⤋
The answers are no, and no.
Graduating law school is ONE requirement for being a lawyer. But not the only one. They also have to pass the state's bar exam and fulfill other requirements before being formally admitted to practicce law.
A license to practice law in one state does not enable you to practice in another.
2007-05-24 04:19:21 · answer #8 · answered by American citizen and taxpayer 7 · 1⤊ 1⤋
graduating fro law school does not make you a lawyer. you have to pass the bar exam first.you can give advice at any time as long as you never state you are a lawyer
2007-05-25 01:09:59 · answer #9 · answered by charlsyeh 7 · 0⤊ 0⤋
...pertaining to DC C response and item b). re: law of contracts.
in this writers opinion item b.) as you state is incorrect. for law of contracts do have conditions applying which must meet the best arguments defined and accepted for the benefit of all persons of the nation represented under the best codes of that land which in the u.s.a. is the Constitution and in canada is the Charter. tho' there will be differing perspectives as to the nature and items of each of these codes there is yet the ultimate proof conditions which sustain life / love / liberty of the lands and its' residing peoples. none to be disrespected. ... is law of contracts greatest applications heretofore.
i don't wish to disrespect other items of your submissions as cynical or real and/but certainly there must have been a general malaise of social rendering of these finest applications and principles pertaining to the greatest hopes and visions constructable within these Codes and /Contracts.
tho' i myself can be sardonic re: the nature of they whom presently/contemporarily practice under these codes re: the nature of their own principles to dismiss with the finest ideas/visions.
i also am making movements to share the best news of these ideas/visions which they whom presently or previously practiced were unaware ... obviously.
i wish you well in the realizations to these same benefits.
be well you and yours.
2007-05-24 10:14:59 · answer #10 · answered by theoutcast09 1 · 0⤊ 1⤋