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American College HS330 Exam - Topic 3 Question 104 Discussion

Posted by Galen on Dec 05, 2024 at 10:23 AM

Which of the following acts by a person other than a lawyer is clearly an unauthorized practice of law?

Suggested Answer: A

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33 comments · newest first
ZE
Zena 10 months ago
A CLU explaining insurance options is fine, right? Not the same as legal advice.
VA
Vallie 11 months ago
Totally agree, drafting a will should be left to lawyers!
MA
Marsha 11 months ago
Wait, can a sister really draft a will for her brother? Seems sketchy.
CA
Candida 11 months ago
I think a CPA can design an estate plan, but not sure if it's legal.
LO
Loren 11 months ago
A trust officer giving tax advice? That's definitely unauthorized.
RO
Rolland 12 months ago
I thought that explaining how a life insurance policy works was more about financial planning than legal advice, so I'm not sure if that would count as unauthorized practice.
LA
Launa 12 months ago
I feel like the CPA designing an estate plan could be problematic too, but I can't recall the specifics about what constitutes legal advice.
BR
Brandee 12 months ago
I think I saw a similar question where a non-lawyer was involved in drafting legal documents, and it was considered unauthorized. That makes me lean towards option C.
MA
Mauricio 1 year ago
I remember discussing how giving tax advice can sometimes cross the line into unauthorized practice, but I'm not sure if a trust officer falls into that category.
FA
Fabiola 1 year ago
I'm feeling pretty confident about this one. The key is to identify the activities that are clearly reserved for licensed lawyers.
AR
Arminda 1 year ago
Okay, I think I have a strategy for this. I'll focus on identifying which actions are clearly outside the scope of what a non-lawyer can do legally.
VE
Veronika 1 year ago
Hmm, I'm not totally sure about this one. I'll have to think through the different scenarios and how they relate to the unauthorized practice of law.
HA
Hannah 1 year ago
This seems like a tricky question. I'll need to carefully consider the legal definitions of unauthorized practice of law.
JA
Jaime 1 year ago
A, B, and D all seem like reasonable activities for professionals in their respective fields. But C? That's a big no-no. Lawyering is serious business, folks.
DE
Devora 1 year ago
↳ replying to Jaime
C) A sister drafts a will for her brother using printed forms.
VI
Viki 1 year ago
↳ replying to Jaime
B) A CPA designs an estate plan for presentation to a client.
FL
Floyd 1 year ago
↳ replying to Jaime
A) A trust officer gives a client advice about the taxation of a trust.
GR
Graham 1 year ago
Ha! My grandma could draft a will better than a lawyer. C is the way to go, my friend.
GL
Gladis 1 year ago
↳ replying to Graham
D) A CLU explains to a client how a life insurance policy may solve estate liquidity needs.
AL
Allene 1 year ago
↳ replying to Graham
C) A sister drafts a will for her brother using printed forms.
OR
Ora 1 year ago
↳ replying to Graham
B) A CPA designs an estate plan for presentation to a client.
JE
Jesus 1 year ago
↳ replying to Graham
A) A trust officer gives a client advice about the taxation of a trust.
LI
Lillian 1 year ago
This is a tricky question, but I'm leaning towards B. Designing an estate plan seems to cross the line into legal advice, even for a CPA.
MI
Micheline 1 year ago
↳ replying to Lillian
B) A CPA designs an estate plan for presentation to a client.
TA
Tamar 1 year ago
↳ replying to Lillian
A) A trust officer gives a client advice about the taxation of a trust.
AN
Annalee 1 year ago
But what about option A? Giving tax advice seems like it could be within the scope of a trust officer's duties.
JU
Julio 2 years ago
I agree with Dianne. Only lawyers should be drafting legal documents like wills.
EM
Emerson 2 years ago
I think the correct answer is C. Drafting a will using printed forms is clearly an unauthorized practice of law, as it involves the creation of a legal document without the expertise of a licensed attorney.
DA
Dana 1 year ago
↳ replying to Emerson
D) A CLU explains to a client how a life insurance policy may solve estate liquidity needs.
TA
Tayna 1 year ago
↳ replying to Emerson
C) A sister drafts a will for her brother using printed forms.
KA
Kanisha 1 year ago
↳ replying to Emerson
B) A CPA designs an estate plan for presentation to a client.
EI
Eileen 1 year ago
↳ replying to Emerson
A) A trust officer gives a client advice about the taxation of a trust.
DI
Dianne 2 years ago
I think option C is clearly unauthorized practice of law.
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