Issue: Should I be worried that my Associate Attorney is comtiplating using “Unauthorized Practice of Law” the reason being is because he gave me a list of instructions to complete in the case of John Doe, Executor of the Last Will and Testament of Jane Doe; those instructions included 1) meet with the Executor, 2) collect all financial information regarding the assets, debts and expenses of the estate; 3) prepare the required PA Rev.1500; and 4) sign and file the return with the Register of Wills, Adams County, PA and he said that he was not going to worry about signing off on my work? Answer: I do think that I should be worried because with Mr. Smith not wanting to put his write off on my work it brings me to having suspcision towards him. In the past, he has always checked over and signed off on my work. We both know that according to “The Unauthorized Practice of Law Committee of the Pennsylvania Bar Association states that part of what unauthorized practice of law is my any non-lawyer or attorney signing off on a paper is not allowed. The “Unauthorized Practice of Law” in Pennsylvania states that people charged with breaking this law are given a misdemeanor of the third degree in his/her first violation. In conclusion, he’s choice to ignore the law shows that he might have underseen motives if he’s be any chance caught. Facts: The facts of the case include that Jane Doe was domiciled in Adams County, Pennsylvania. A form Rev. 1500 must be filed, and any Inheritance Tax due paid, within 9 months from date of death. John Doe is the Executor of the Last Will and Testament of Jane Doe. Discussion Case I met with the executor Mr. John Doe yesterday. We discussed about what we are going to do about the Doe estate. We decided tha... ... middle of paper ... ... decision also brings suspiscion about whether or not if things go south is he going to take any accountability. In conclusion, this case truly represents the use of unauthorized practice of law. References: http://www.remax.com/realestatehomesforsale/270-cedar-ridge-rd-new-oxford-pa-17350-gid400022596164.html#detail/fullmode/amenities/205289057/realestatehomesforsale/270-cedar-ridge-rd-new-oxford-pa-17350-gid400022596164.html www.pabar.org/public/committees/unautpra/opinions/uplmanual.pdf http://www.portal.state.pa.us/portal/server.pt/community/forms___publications/14665/recommended_software_for_viewing_printing_pdf_documents/664501 www.portal.state.pa.us/portal/server.pt/document/628143/rev-1500_pdf http://www.legislature.mi.gov/(S(gob3r545dgmn4v454hyvxs45))/mileg.aspx?page=getobject&objectname=mcl-600-916 https://www.michbar.org/professional/caselaw.cfm
Pagan writes a captivating story mingled with the challenges of the Eastern Shore legal system. This book gives a complete explanation backed up by research and similar cases as evidence of the ever-changing legal system. It should be a required reading for a history or law student.
Case name: Peter K. Dementas v The Estate of Jack Tallas, 764 P.2d 628 (1988)
Another powerful opinion yearning to be exposed, is the one held by Henry Drummond, the defense’s attorney. The lawyer undoubtedly came to d...
In the case of Agee v. Brown, the decedent, Herbert G. Birck died in October 2009 and on November 2009, Roger L. Brown, a personal representative of the Estate of Herbert G. Birck and the trustee of the Herbert G. Birck Revocable Trust, filed a motion to dismiss the Agees’ petition to revoke validation of the last will of Herbert G. Birck.
Paralegals are continuing to assume new responsibilities in legal offices and perform many of the same duties as attorneys. Through formal education, training and experience, paralegals have knowledge and expertise regarding the legal system and law procedures, which qualify them to work under the supervision of an attorney. Along with preparing legal documents, contracts and other legal materials, a paralegal can also interview witnesses, and conducting legal research. The most important task a paralegal may have is helping an attorney prepare for hearings, trials, and meetings. Although a paralegal is trained to perform the same tasks as attorneys, they are explicitly prohibited from carrying out duties considered to be within the scope of the practice of law, such as setting legal fees, giving legal advice, submitting signed documents to court, and presenting cases in court. Paralegals are an essential part of today’s legal practice; furthermore, a competent paralegal can improve a law office’s profitability and the delivery of legal services. With these new responsibilities comes a higher level of demand and respect. In turn...
This case comes down to: Does the written living will or the proxy named in the living will have the louder voice in end-of-life care discussions? In this case, the voice of the proxy won. In the best cases, such decisions should be made together at the time of the creation of the living will with both the patient and the proxy. If this occurred, the son would be more on the same page with the concerns for his mother’s end of life care. Another way of solving the issue of the possibility of the woman’s life changing over the past seven years, would be having a way for the woman to acknowledge that thoughts are still the same by updating/resigning the living will
Fourteen years later, twenty-three-year-old Jane was selling furniture at the Sitka market. Jane was on her way to go take out money from the local bank, on arrival she gave her name and soon discovered her parents had kept a safe deposit box. She was granted permission to look at its content. When she opened it papers tumbled out and landed on her feet. One stood out from the rest. It was the original deed to her parents
Before you take any actions towards acting on behalf of the deceased you must figure out who can actually act on behalf of the
Andrews N, ‘Does a third party beneficiary have a right in English law?’ (1988) 8 Legal Studies 14
THIRD: I give my estate to my granddaughters: Lisa Lorenz Sinon, in the amount of 50%, Audrey Gedgoudas in the amount of 25%, and Sheila Morse in the amount of 25%. I leave the value of my American Income Life Insurance policies to my great grand children: Madeleine Gedgoudas, Mackenzie Sinon, and Ethan Sinon, to
This field has transformed over the years from being just a clerical task related secretarial or filing clerk job to becoming a specialized profession which requires procedural knowledge of the legal field. In the late seventies, due to the increase of professionals in this growing area, organizations were enacted to represent the ideas and self-determinations. One of the pioneers was a Florida based group named SFPA, whish promoted the concerns of the legal assistants.
This letter is to inform you we will be processing payment of the claim for John Doe within the next five business days. As you know, there is a pending assignment to to the funeral home for $1,538.75, which has since been reassigned to another company. Since we received assignment forms on November 22, 2017 signed by you and your sister, we will be mailing a check in the amount of $1,538.75 directly to the funeral home in settlement of the assigned portion of the policy. The balance of the proceeds will be distributed to the named beneficiaries in accordance with the beneficiary designation on file.
The paralegal profession developed as legal secretaries assumed additional duties to help attorneys with their workload. The paralegal performs legal tasks under the supervision of an attorney that maximizes attorneys' productivity and cost efficiency in the delivery of legal services. Paralegals work in many different types of law firms, corporations or government agencies in many areas of law (Hollingshead). All duties performed by a paralegal are under the supervision of an attorney who is responsible for the paralegal’s conduct. In fact, the American Bar Association Standing Committee on Paralegals define paralegals or legal assistants [used synonymously] as a person qualified by education, training or work experiences, who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specific delegated legal substantive work for which a lawyer is responsible (ABA). In class, we learne...
You mention that I need multiple reminders to perform tasks in matters where I lack experience in EPL, Labor Law, and Accountants Malpractice. There were no training or guidance given to me in those areas that would afford me the opportunity to complete the work. It's inappropriate to be penalized for work tasked in practice areas in which I was not given training or guidance to complete the work. Additional, specify in my evaluation is that I made minimal progress in drafting factual background portions of detailed motions. I regret that you have not observed any strives I have made during 2017. There have been various types of motions prepared during 2017 pursuant to the directive of the attorneys I've worked with which is noted in my billing. As the only paralegal in the office that attended meetings outside the office accompanying attorneys on client meetings, site inspections, expert witness trial prep, and attending the trials. I have assisted Heather Palmore, Esq and Loretta Hottinger, Esq in a combined total of four Supreme Court trials in which both received defense
Estate taxation is a highly controversial issue in the United states tax code, and has been appropriately debated from before and since its introduction in 1916. Wether its existence be referred to as the “death tax”, or its absence as the “birth tax”, those for and those against have long argued its fundamental validity and appropriateness, its effectiveness, and its contents.