What does it mean to say that a paralegal may not give legal advice? Why is it a prohibition that can be difficult for paralegals to follow?
What will be an ideal response?
It is easier to state that a paralegal should not give legal advice than it is to explain what it
means to give legal advice. However, as a general rule of thumb, one gives legal advice when
applying legal principles to a fact pattern. For instance, answering a client’s question about
whether his or her state has the death penalty is not giving legal advice, whereas answering a
client’s question about whether the client could get the death penalty is the giving of legal
advice. To give legal advice involves exercising legal judgment, but not just complex legal
judgment, and only lawyers are allowed to exercise such judgment. Finding a statute or a
case for a friend is not giving legal advice, but explaining how the law applies to a friend’s
situation is giving legal advice. For the paralegal, this ethical prohibition can be difficult to
follow because the paralegal has client contact, and clients, not aware of the finer distinctions
in this area, might ask legal advice questions to the legal assistant, which puts the legal
assistant in the spot of having to tactfully deflect the question. Furthermore, the paralegal’s
friends and family might try to rely on the paralegal’s expertise for answers to questions that
the paralegal should not be answering.
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Indicate whether the statement is true or false.
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Trademark Infringement. Nike, Inc, manufactures and markets footwear, apparel, and related accessories. To identify its products, Nike uses the word "Nike" and/or a "swoosh" de-sign as its trademarks. From 1977 through 1991, Nike spent more than $300
million advertising the trademarks. Since 1971, sales revenues for items bearing the trademarks have exceeded $10 billion. Nike began using the phrase "Just Do It" in 1989 as a slogan for its sweatshirts, T-shirts, caps, and other accessories. Sales revenues for "Just Do It" items have exceeded $15 million. "Nike," the swoosh design, and "Just Do It" have gained widespread public acceptance and recognition. Michael Stanard is an award-winning commercial artist whose works include, among others, the trademark "Louisville Slugger" printed on baseball bats. As a summer pro-ject, he and his daughter decided to market his first name, Mike, as a takeoff on the Nike logo. They named their project "Just Did It" Enterprises and concentrated on marketing T-shirts and sweatshirts to members of the general public with the given (first) name of Michael. They also mailed brochures to college athletes and celebrities named Michael. Sales were entirely by mail order. Approximately two-thirds of those purchasing the shirts were named Mike. Stanard believed that the other third probably bought a T-shirt for a friend, relative, or loved one named Mike. Ultimately, the project lost money. Nike sued Stanard for trademark infringement. Sta-nard argued that the word play was humorous and constituted a fair use of the trademarks as a parody. Should the court rule that Nike's trademark had been infringed? Explain.