Legal Question in Legal Ethics in California
I am asked to be present a deposition of a friend of my wife in a teacher backpay suit. Her boyfriend, non-attny., and not paralegal, prepared all legal docs. prior to this. Am I at risk for aiding unauthorized practice of law?
Asked on 3/29/11, 10:47 am
2 Answers from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
If you received a subpoena, you should give your deposition testimony. I'm unclear from what you wrote what your relationship is to the case.
Answered on 3/29/11, 11:19 am
Anthony Roach
Law Office of Anthony A. Roach
Aiding the unauthorized practice of law is a violation of the California Rules of Professional Conduct. Those rules only apply to licensed attorneys, not to lay people. Practicing law without a license, on the other hand, is a misdemeanor.
It's not clear what role you took in the preparation of documents, based on the wording and lack of factual information in your post.
Answered on 3/29/11, 4:13 pm