Also known as: legal practitioners · lawyer · legal professional
Written by attorneys · grounded in primary & secondary sources — see below
A person authorized to provide legal services to clients. The authorization carries duties of competence, loyalty, and candor in matters involving courts, clients, and third parties.
Judge Ramirez receives a call from her sister whose divorce filing is stalled. Ramirez reviews the pleadings and suggests revisions but refuses to sign any document or appear in court on her sister's behalf. The sister hires separate counsel. Ramirez's conduct complies with the prohibition on practicing law while serving as a judge.
Attorney Patel represents a corporate client in a contract dispute. During discovery Patel receives an internal memo showing the client altered invoices after suit was filed. Patel confronts the client, who admits the alteration, then discloses the memo to the court and withdraws. The disclosure fulfills the duty triggered by knowledge of fraudulent conduct in an adjudicative proceeding.
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Attorney Soto represents a buyer acquiring timber rights spanning two states. Soto researches which state's law governs the validity of the recorded deed and the effect of a prior unrecorded mortgage. Soto's analysis of the most-significant-relationship factors determines the governing law and the opinion letter delivered to the lender.
Paralegal Torres advertises a flat-fee divorce packet that includes selecting forms, advising clients which box to check for custody, and filing completed documents with the court. Torres never appears in court. A customer later sues Torres for giving incorrect advice that caused loss of parenting time. Torres's activities constitute the unauthorized practice of law.
Attorney Kwon launches a separate company that prepares tax returns for non-clients. Kwon mails a disclosure stating the service is not legal advice and that no attorney-client relationship exists. A customer later claims malpractice after an audit. The disclosure prevents the customer from invoking the protections of the client-lawyer relationship.
Defense counsel Morales receives a bloody knife from the defendant's roommate. Morales examines the knife for fingerprints, photographs it, and then delivers it to the prosecutor. The roommate later testifies about handing over the knife. The physical object is admissible. The communication locating the knife remains privileged.
A judge may give legal advice and draft documents for a family member without compensation but may not serve as that person's lawyer in any forum. The distinction prevents the judge from appearing or signing pleadings on the family member's behalf.
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A lawyer who knows a client is engaging in or has engaged in criminal or fraudulent conduct related to an adjudicative proceeding must take reasonable remedial measures, including disclosure if necessary. The duty continues through the conclusion of the proceeding.
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A nonlawyer engages in unauthorized practice by preparing legal documents, advising clients about legal remedies or procedures, or instructing clients on evidence and filing requirements. Merely typing forms already completed by the client does not cross the line.
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The lawyer must take reasonable measures to ensure the recipient understands that the services are not legal services and that the protections of the client-lawyer relationship do not apply. Written disclosure at the outset satisfies this requirement.
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…v. Button , 371 U. S. 415, 430–431. In Schware v. Board of Bar Examiners , 353 U. S. 232, we held it not permissible to bar a lawyer from practice because he had once been a member of the Communist Party. The man’s “association with that Party” was not shown to be “anything more than a political faith in a political…