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  1. There are different reasons people have wills drafted. Here, we look at different scenarios and see how a will would benefit each in these specific situations.

Examine the need for a will in the following scenarios, and then indicate who from this group is most in need of a will.

  • Elderly widow living in a nursing home –
  • Wealthy, married couple with grown children
  • Widower in his 30s with two small children
  • Couple in their second marriage, each having grown children from his/her prior marriage, and the two having a minor child together
  • 24 year old unmarried, childless college student
  • Disabled adult

Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries. 

 

 

  1. There is a line between helping folks in need and practicing law when illegally prohibited from doing so. Where is that line when estate planning is involved? The matters below should help you assess this ethical question.

Go to the Washington State Bar Association’s Unauthorized Practice of Law page at: http://www.wsba.org/Legal-Community/Committees-Boards-and-Other-Groups/Practice-of-Law-Board/Unauthorized-Practice-of-Law.

Scroll down the page to the “Unauthorized Practice of Law Findings” section, and underneath it locate the “Estate Planning” subsection, under which several names are listed.  Click on at least two (2) of the hyperlinked names there and read the Practice of Law Board letters to individuals/companies identified by the Board as being liable for engaging in UPL.

Based on the two matters about which you read, identify which matters you chose and answer the following:

  • Did the name individuals pose as attorneys?
  • Do you think the named individuals’ conduct constituted UPL?
  • Do you think that non-lawyers should be prohibited from performing the tasks mentioned in the case?  Why or why not?
  • What (if anything) could the individual providing legal services have done differently to avoid the charge of UPL?

 

Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries.

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