Practicing law without license is illegal

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Question

1. A person holds themselves out to be a lawyer in New York state but hasn't passed the bar exam in NY. The person performs excellent legal services for their client. If the client refuses to pay for the services, they will not be forced to do so by a court. What is the policy behind the rule. It isn't enough to say that practicing law without a license is illegal.

2. Mary hires Samantha who holds herself out to be a lawyer. Samantha never went to law school and never passes the bar exam. Mary relied upon the "legal" advice that Samantha gave her and suffered damages because it was incorrect. However, most people who weren't attorneys would have given the same advice that Samantha gave. Mary sues Samantha for malpractice and Samantha argues that since she wasn't really a lawyer, she can't be held to the same standards as a lawyer would be. Who wins? Why?

3. Joe enters into a contract with Barry to borrow $20,000. Barry knows that Joe will use $10,000 to buy a used car and will use the other $10,000 to gamble in Barry's unlicensed casino. Joe refuses to pay Barry the $20,000 and Barry sues for repayment. What is the likely outcome of Barry's suit?

Reference no: EM134038341

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