he was actually very happy,as us the parents,to find someone who is able to on pymt.plan to do alot of writing pro se assisted type work for him,in child support issue,court pro-se action against his ex wife.We approved it with the agency who help.great work done.However now my son is saying,"well i am not satisfied"with the writing services,i want all the $ back.i am telling my son inexperience in the business field,(23 y.o.)that he can't do this as he,i and his father all review all document,write up from the writing service/document prep service,so he can't call them now six long months later saying well i want money back.am i right about this.as again we accepted the documentation,but now son is trying to get his money back,due to "hard times"
but i tell him your not able to do that.
additional to be encompass here,to be MORE clear,before u say it."NO the great lady helping me,my son did NOT at all at any time give legal advice.I am witness to this,my son knows this.
they only wrote down,being smarter than us,better
with skill,words etc,wrote it up alongside with us
by email,phone,we even assisted with it,pay them
for the entire docs.wrote down what we needed.
as well as research etc.for us with the constitution.
They were very knowledgeable in such field,they did a great job for me,my son,the family.No complaint for seven mos.till son is getting drunk again & needing"money"he say,so why not"
try to sue"the writing services"who help him,with documents etc.he sign on dotted line and accepted it,we both did.
I also ran by attorney,who say
he sign for services.If they have"proof"of such acceptance,
then he will lose a suit.i agree,100 percent.
If the people at this "writing service" were not attorneys, then your son should demand his money back and report them to your state bar association. It is illegal for anyone other than an attorney to give legal advice or draft legal documents on another person's behalf, even if your son filed the documents pro se.
DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com
Although, there are no points left, I must agree with Ms. Heckler. It sounds to me as if the writing service was practicing law without a license, and so should not be paid. I think her answer was well thought out and correct. I see that certain paralegals do not agree and are voting thumbs down on her answer, as I am sure they will do to this answer. Are they even allowed to file answers on ? I intend to object to their answers. If the writing service that your son hired was as illiterate as these so-called paralegals are, that is another reason that they should not be paid. I have used paralegals in the past and the great majority are well qualified; this is not a general indictment of them, but the ones I know do not attempt to practice law.
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DISCLAIMER—This answer is for informational purposes only under the system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California.
(Bryant) Keith Martin
sbbizlaw.com
I was a legal secretary and a paralegal before I became a lawyer, so I know how valuable their services are. However, I also clearly knew the limits of the services that I was able to provide. I am also acutely aware that the judicial process can be cost prohibitive to many people. Therefore, I offer unbundled services for pro se litigants in accordance with the ethics opinions issued by the State Bar of Michigan . I have also taken on many pro bono cases.
It is the unauthorized practice of law for a non-attorney to do anything that requires the exercise of legal discretion. Drafting a legal document requires the exercise of such discretion. Even telling people what forms that they need to fill out requires legal discretion. The only thing that a non-attorney may do is offer standard legal forms for sale or provide typing services. However, a non-lawyer cannot complete a form for another person or tell them what answers to write. The fact that the non-lawyer discloses that they are not an attorney does not change the fact that their conduct is the unauthorized practice of law.
This rule is for the protection of the public. As a paralegal, I knew more than the average person about the law. However, it doesn't even compare with the knowledge and comprehension that I gained by completing law school and passing the bar examination.
Neither a paralegal nor any person providing "writing services" is licensed to practice law. Accordingly, they are not insured against legal malpractice. Therefore, when they make a mistake in a client's case, that client has limited recourse. Unfortunately, the unauthorized practice of law is a growing problem in many states, particularly in the area of immigration. This has resulted in legal errors and omissions that have ruined peoples lives.
Please see the links below for more information about the unauthorized practice of law. If you believe that you have been a victim of the unauthorized practice of law, please contact your state bar association.
Please be advised that the following information is directly from the State Bar of Michigan website:
Q. Can a person who is not a lawyer draft documents or help me with my case?
A. In Michigan, the only individuals who can draft legal documents for other people or give legal advice are lawyers licensed to practice law in Michigan. Beware of non-lawyer individuals or companies that draft legal documents for a fee, including divorce, bankruptcy, and estate planning documents such as wills and trusts. Any non-lawyer who drafts legal documents, gives legal advice, or gives the impression that they are an attorney when they are not may be guilty of the unauthorized practice of law.
For example, the following were found to have committed the unauthorized practice of law:
ANDERSON, ROY, d/b/a ROY'S PARALEGAL AND COPY SERVICE, Circuit Court of Wayne County, #95-520377-AZ, non-lawyer operating a "Paralegal and Copy Service" which includes writing legal motions and briefs which are filed "pro se" by customers. Defendant enjoined from practicing law in any form in this state, either individually or through any business entity, acting as representative or intermediary of other persons with regard to their legal matters, including the preparation of any legal documents on behalf of other persons.
DeFOE, ANTOINETTE, Circuit Court for the County of Berrien, 97-0756-CM, a paralegal engaging in activities that are reserved for attorneys. Defendant was hired to prepare a divorce and quit claim deed. Consent Judgment bars Defendant from giving legal advice and preparing legal documents. Defendant can perform transcription services but she cannot add, delete or change language to standardized forms.
BROWN, ANTHONY, Circuit Court of Wayne County, #99-906153 CZ, a non-lawyer preparing and filing divorce proceedings on behalf of third parties. Defendant collected a fee for these services, did not utilize “fill in the blank” forms, substituted his judgment despite directions to the contrary from his clients, and incorrectly drafted many of the documents.
EL-JIHAD, JIHAD, Circuit Court of Wayne County, 00-010016-CZ. Non-lawyer drafted legal documents and rendered legal advice to individuals seeking to obtain a divorce, operating a business known as the Legal Network. Defendant enjoined from drafting legal documents and from adding, changing, or deleting language when completing standardized forms, acting as intermediary of other persons with regard to legal matters and from giving legal advice. Defendant also ordered to repay sums obtained from unlawful services.
CHRISTIAN MEMORIAL CULTURAL CENTERS, Circuit Court of Oakland County, #76-144703-AZ, corporation and non-lawyer agents offering will and estate planning forms without lawyer review. Defendant enjoined from "preparing or typing wills or trust instruments" and from "counseling, advising or giving legal assistance in the drafting of wills", but was not enjoined from disseminating published materials and forms relating to wills, trusts, probate and estate planning.
ARLAND R. GRAZIER, a/k/a BUDDY GRAZIER, d/b/a PRO SE DOCUMENT COMPANY, Shiawassee County Circuit Court, Case No.00-004655-CZ. Non-lawyer was utilizing a computer program to market and sell will and trust kits to the public. Defendant and his employees are enjoined from counseling or advising customers purchasing legal forms or selecting forms on their behalf; filling out such forms for anyone; offering orally or in writing, any explanation, summaries or similar statements and documents containing legal advice concerning any estate planning forms or documents relating thereto.
MAINARDI, MARGARET, Circuit Court of Wayne County, #91-123925-AW, non-lawyer assisting pro se litigants. Defendant permanently enjoined from "drafting legal documents, giving legal advice, adding, amending and deleting language from legal form documents, selling or preparing forms for legal services other than preprinted standardized forms. . ."
Dear "Brad Future Lawyer":
You should know better. Even the New Jersey Paralegal Association states that "[p]aralegals can ONLY work under the direct supervision of an attorney. Any non-lawyer assisting the general public with legal matters are committing the unauthorized practice of law (UPL)." If you truly believe that a non-lawyer can draft legal documents, why are you bothering to go to law school?
