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...
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... 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)
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Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
Andrews N, ‘Does a third party beneficiary have a right in English law?’ (1988) 8 Legal Studies 14
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