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American College HS330 Exam - Topic 3 Question 104 Discussion

Which of the following acts by a person other than a lawyer is clearly an unauthorized practice of law?
A) A trust officer gives a client advice about the taxation of a trust.
B) A CPA designs an estate plan for presentation to a client.
C) A sister drafts a will for her brother using printed forms.
D) A CLU explains to a client how a life insurance policy may solve estate liquidity needs.

American College HS330 Exam - Topic 3 Question 104 Discussion

Actual exam question for American College's HS330 exam
Question #: 104
Topic #: 3
[All HS330 Questions]

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

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Suggested Answer: A

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

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Zena
7 months ago
A CLU explaining insurance options is fine, right? Not the same as legal advice.
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Vallie
8 months ago
Totally agree, drafting a will should be left to lawyers!
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Marsha
8 months ago
Wait, can a sister really draft a will for her brother? Seems sketchy.
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Candida
8 months ago
I think a CPA can design an estate plan, but not sure if it's legal.
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Loren
8 months ago
A trust officer giving tax advice? That's definitely unauthorized.
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Rolland
9 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.
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Launa
9 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.
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Brandee
9 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.
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Mauricio
9 months 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.
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Fabiola
9 months ago
I'm feeling pretty confident about this one. The key is to identify the activities that are clearly reserved for licensed lawyers.
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Arminda
9 months 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.
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Veronika
9 months 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.
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Hannah
9 months ago
This seems like a tricky question. I'll need to carefully consider the legal definitions of unauthorized practice of law.
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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.
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Devora
1 year ago
C) A sister drafts a will for her brother using printed forms.
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Viki
1 year ago
B) A CPA designs an estate plan for presentation to a client.
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Floyd
1 year ago
A) A trust officer gives a client advice about the taxation of a trust.
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Graham
1 year ago
Ha! My grandma could draft a will better than a lawyer. C is the way to go, my friend.
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Gladis
1 year ago
D) A CLU explains to a client how a life insurance policy may solve estate liquidity needs.
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Allene
1 year ago
C) A sister drafts a will for her brother using printed forms.
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Ora
1 year ago
B) A CPA designs an estate plan for presentation to a client.
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Jesus
1 year ago
A) A trust officer gives a client advice about the taxation of a trust.
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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.
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Micheline
1 year ago
B) A CPA designs an estate plan for presentation to a client.
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Tamar
1 year ago
A) A trust officer gives a client advice about the taxation of a trust.
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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.
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Julio
1 year ago
I agree with Dianne. Only lawyers should be drafting legal documents like wills.
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Emerson
1 year 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.
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Dana
1 year ago
D) A CLU explains to a client how a life insurance policy may solve estate liquidity needs.
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Tayna
1 year ago
C) A sister drafts a will for her brother using printed forms.
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Kanisha
1 year ago
B) A CPA designs an estate plan for presentation to a client.
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Eileen
1 year ago
A) A trust officer gives a client advice about the taxation of a trust.
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Dianne
1 year ago
I think option C is clearly unauthorized practice of law.
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