this is for my class...If the atty asks you (the paralegal) to draft a release of medical indormation form from the client, and you draft and have it signed by the client, you then submit it to the hospital. Under what conditions can you do this and avoid the unauthorized practice of law? Explain. Does the release need the attorney review befor sending?
2007-09-30 12:44:58 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You avoid the unauthorized practice of law only when the attorney reviews it and authorizes it to be signed bythe client prior to the client's execution. Everything coming out of a law office, EVERYTHING, is supposed to be reviewed by the attorney prior to its issuance.
Thee is one exception. If you are a licensed paralegal and your jurisdiction allows licensed paralegals to prepare medical records releases without attorney oversight, then the paralegal can draft it and submit it to the client without first obtaining attorney approval.
2007-09-30 16:29:17 · answer #1 · answered by mcmufin 6 · 0⤊ 0⤋
Unless this is a form document that the attorney has had you do many times and never has you deviate from the standard form, this is something the attorney should review prior to you sending it out. On the other hand, this is not a pleading being filed in court. The attorney's failure to review the document would, at worst, cause the document to end up being insufficient to get the records which would simply necessitate the form being drafted again. This is the type of work typically given to a paralegal, but the attorney should look at the final product, as they should with any legal document drafted by a paralegal.
2007-09-30 14:12:22 · answer #2 · answered by lechisch 2 · 0⤊ 0⤋
As long as you are "working under the supervision of an attorney", it is not unauthorized practice of law.
No, the release does not need to have been seen by the attorney before sending it.
It would be UPL if you were doing the same task but were employed by somebody who was not an attorney or if you were working at an employer and were not being supervised by a person who was a member of the bar.
2007-09-30 14:20:09 · answer #3 · answered by Mark 7 · 1⤊ 1⤋
It depends on the state you're in. The rules of ethical behavior are not standard across all jurisdictions. In Maryland, the rule says that this type of work must be "supervised" by an attorney. The nuances of the particular situation would determine whether the attorney asking you to do something relatively standard would be enough to be supervision.
2007-09-30 12:50:11 · answer #4 · answered by Mike Mc 1 · 0⤊ 0⤋
in case you favor to be very sparkling, ask a professor. besides the undeniable fact that, as long as you're not from now on claiming to be a lawyer (your GF is known with of complete properly you're not from now on) and that your training isn't criminal suggestion, you'd be nice.
2016-10-20 04:09:47 · answer #5 · answered by ? 4 · 0⤊ 0⤋
idk
2007-09-30 12:48:09 · answer #6 · answered by ~USA~ 2 · 0⤊ 2⤋