--------------- Forum

(On Campus Interviews, Summer Associate positions, Firm Reviews, Tips, ...)
Forum rules
Anonymous Posting

Anonymous posting is only appropriate when you are revealing sensitive employment related information about a firm, job, etc. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.

Failure to follow these rules will get you outed, warned, or banned.
Anonymous User
Posts: 431721
Joined: Tue Aug 11, 2009 9:32 am

---------------

Post by Anonymous User » Sat Nov 25, 2017 6:39 pm

---------------
Last edited by Anonymous User on Mon Nov 27, 2017 7:20 pm, edited 1 time in total.

User avatar
rpupkin

Platinum
Posts: 5653
Joined: Mon Dec 09, 2013 10:32 pm

Re: Writing contracts as a law student = unauthorized practice of law?

Post by rpupkin » Sat Nov 25, 2017 7:04 pm

People are generally free to draft and enter into agreements without consulting a lawyer. That's still true when one of the parties happens to be a law student. There's no problem, for example, with a law student revising a portion of a residential lease agreement between the student and his landlord.

So long as you're not representing to your co-founders or the investor that you're a lawyer, and so long as you're not saying shit like "I have enough legal expertise to draft these contracts because I'm a law student," I think you're probably fine.

Also: under no circumstances should you suggest that you're drafting the contracts *for* the investor. You'll draft the contracts with your co-founders, and then you'll circulate the proposed language to the investor. If the investor agrees to the language without consulting his own lawyer, that's his (questionable) choice. By the way, if I were you, I'd want a real lawyer—a lawyer who works for you and your co-founders—to review the contracts you draft.

dabigchina

Gold
Posts: 1845
Joined: Mon Jan 13, 2014 2:22 am

Re: Writing contracts as a law student = unauthorized practice of law?

Post by dabigchina » Sat Nov 25, 2017 11:03 pm

Is he still allowed to if he's drafting stuff on behalf of his company? His post wasn't quite clear on who the parties would be.

RaceJudicata

Gold
Posts: 1867
Joined: Mon Jun 22, 2015 2:51 pm

Re: Writing contracts as a law student = unauthorized practice of law?

Post by RaceJudicata » Sun Nov 26, 2017 1:16 am

dabigchina wrote:Is he still allowed to if he's drafting stuff on behalf of his company? His post wasn't quite clear on who the parties would be.
Say you--law student-- and your brother start a lawn mowing business. You want to sell your services to your neighbors. Your brother isn't too bright, but is excellent at mowing lawns. So you offer to draw up the contracts (assuming lawnmowing businesses have contracts) that your neighbors (read: customers) are going to sign. Being entrepreneurial, you even set up an LLC for the business.

In this scenario, do you think you are participating in the unauthorized practice of law? Hell no.

That said, Rpupkin is right -- OP can't hold himself out as an attorney or draft docs "for" the other side...but he certainly can draft contracts -- as can any person in the US of A -- Regardless of their status as a law student.

Now if the business progresses, its of course wise to get a real attorney to do this work...but its certainly not the unauthorized practice of law..imo.

ETA: If you read the first sentence of ABA model rule 5.5, it says "A lawyer shall not.." OP isn't a lawyer.

User avatar
RedGiant

Moderator
Posts: 466
Joined: Sun Feb 17, 2013 10:30 am

Re: Writing contracts as a law student = unauthorized practice of law?

Post by RedGiant » Mon Nov 27, 2017 3:31 pm

I feel strongly that this poster is missing the forest for the trees, which does not bode well for his issue-spotting in said venture contracts (but I digress). The issue isn't UPL. It's that you don't know enough about the nuances of venture law or private company financing to even know what is market or what is missing! THIS is the issue you should be focusing on! Here, you're getting what you paid for.

Anonymous User
Posts: 431721
Joined: Tue Aug 11, 2009 9:32 am

Re: Writing contracts as a law student = unauthorized practice of law?

Post by Anonymous User » Mon Nov 27, 2017 7:20 pm

OP here. Thanks for the above replies. I actually have a unique situation here, but I already figured out what I should do next.

Want to continue reading?

Register now to search topics and post comments!

Absolutely FREE!


Post Reply Post Anonymous Reply  

Return to “Legal Employment”