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Legal Assignment Essay

  • Submitted by: SumanraviSandhu1
  • on November 18, 2013
  • Category: Social Issues
  • Length: 750 words

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Below is an essay on "Legal Assignment" from Anti Essays, your source for research papers, essays, and term paper examples.

If Polly Paralegal answers Mr. Smith’s question: “Do the grounds for divorce in North Carolina include adultery?” and “Do I have grounds for divorce in North Carolina? I just found out that Stan committed adultery.” She has not engaged in the unauthorized practice of law. It is an affirmative reply to Mr. Smith’s questions and a statement of fact, and no need of a license to answer them.  If Polly answers Mr. Smith's questions, it is not unauthorized practice of law. When someone knows you have knowledge of the law and they ask you questions about legal questions you answer them. Even though Mr. Smith can "google" and find this answer on his own. Polly is telling him this any common person can find these answers on their own. It is not advice. It is a statement of fact that can be found in the Family Code. It is in black and white in a law book and it is a fact that Adultery can be used as a basis for divorce in North Carolina. In addition, North Carolina is one of the few states where an innocent spouse can sue a third-party that broke up the marriage.
According to The National Association of Legal Assistant (NALA) Code of Ethics and Professional Responsibility: Canon 4: A legal assistant must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. The services of an attorney are essential in the public interest whenever such legal judgment is required. Polly Paralegal has not violated any of these codes. She abided by them when answering Mr. Smith’s questions.
In North Carolina, innocent spouses have the option of pursuing a civil lawsuit against their spouse’s lover and alleging “criminal conversation” or “alienation of affection.” Through such lawsuits, injured spouses can ask a judge or jury to order that the “defendant” (third-party lover) pay compensatory damages, which are money damages based on loss of consortium (marital affection and fellowship),...

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Legal Assignment. Anti Essays. Retrieved December 11, 2018, from the World Wide Web: http://snehaedu.com/free-essays/Legal-Assignment-546902.html