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Julia has been a paralegal for 10 years and has gained a significant amount of experience, particularly in the area of tort law. Her boss asked her to draft a complaint for a client that alleges both fraud and negligence. She complied and the attorney signed off on it. Julia sent a copy of the draft to the client letting him know that it had been filed. This is a customary practice for the firm. With the draft, Julia sent the following letter: Dear Mr. Smith, I have enclosed a copy of the complaint that you asked us to file. This has been completed and submitted to the court on your behalf. You will notice that the complaint has both fraud and negligence as alternate claims. Do not be confused by this as they may seem inconsistent. Fraud requires that the tortfeasor intends to deceive. Negligence requires them to have unreasonable conduct. The issue is that we do have enough facts to know which would be the best avenue to explore. While what you have stated so far seems to coincide with fraud theory, the negligence claim was added as a backup. Look up O.C.G.A. § 15-19-51 in Lexis. Did Julia commit unauthorized practice of law? Defend.
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