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1-300(A), Rules of Professional Conduct (CRPC).
Business and Professions Code §6125 & §6126(a)
Three elements to determine:
First, does the conduct or activity constitute the practice of law?
the practice of law falls into three broad categories,? Cali added. (Id., at p. 128.) The first is the doing and performing services in a court of justice in any matter depending therein throughout its various stages and in conformity with the adopted rules of procedure.?? (People ex rel. Lawyers? Institute of San Diego v. Merchants? Protective Corp. (1922) 189 Cal. 531, 535 (Merchants.))
Preparation of stipulations and releases constitutes the practice of law. (In re Garcia (9th Cir.BAP 2005) 335 B.R. 717, 728.)
Work by law firm non-attorneys must be preparatory in nature. Such work may include research, investigation of details, the assemblage of data or other necessary information, and other work that assists the attorney in carrying out the legal representation of a client. All work must be supervised by an attorney and must become or be merged into the work of the attorney, so that it becomes the attorney's work product.? (Id., p. 539.)
the clients should be told that the associate is not admitted and is not entitled to practice law yet. This, too, will clarify for clients that the person is not a lawyer and not entitled to practice law. (Bus. & Prof. C., §6126.)
Second, if it does, is it authorized?
Third, was the conduct in California? calbar.ca.gov/
