Practicing law without license is illegal

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Reference no: EM134044805

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?

Reference no: EM134044805

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