10/16/2022
Upwork and the Unlawful Practice of Law
The American Bar Association (ABA) Task Force on the Model Definition of the Practice of Law states:
(c) A person is presumed to be practicing law when engaging in any of the following conduct on behalf of another:
(1) Giving advice or counsel to persons as to their legal rights or responsibilities or to those of others;
(2) Selecting, drafting, or completing legal documents or agreements that affect the legal rights of a person;
(3) Representing a person before an adjudicative body, including, but not limited to, preparing or filing documents or conducting discovery; or
(4) Negotiating legal rights or responsibilities on behalf of a person.
(d) Exceptions and exclusions: Whether or not they constitute the practice of law, the following are permitted:
(1) Practicing law authorized by a limited license to practice;
(2) Pro se representation;
(e) * * * * if the person providing the services of a nonlawyer, the person shall disclose that fact in writing.
(f) If a person who is not authorized to practice law is engaged in the practice of law, that person shall be subject to the civil and criminal penalties of this jurisdiction.
Source: https://www.americanbar.org/groups/professional_responsibility/task_force_model_definition_practice_law/model_definition_definition/ #:~:text=(1)%20The%20%22practice%20of,person%20trained%20in%20the%20law.
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Hire the best Litigation Specialists
https://www.upwork.com/hire/litigation-freelancers/
The following is just a sample of the Unlawful Practice of Law in which Upwork’s “best litigation specialists” are engage in.
Job description
I need help with child custody case in Louisiana. You need to help me research some civil code and court rules and also prepare for discovery/ deposition/ hearing
Skills required
Paralegal Legal Research Family Law Draft Documentation
Job description
I have all the documents I need to file a civil lawsuit for trespassing, mischief and unjust enrichment. I also have the forms required, but I need someone to type it for me, proofread it and help me prepare the exhibits.
Job description
Types of work needed: 1. Paralegal work: getting solar farm leases notarized and then filed with the county to record the memorandum of lease. 2. Virtual assistant, helping to review NDAs, contracts, fill out forms & manage our data rooms for lenders & investors, responding to emails & managing suppliers/vendors, etc.
Job description
On Nov 01,2021 NJ Federal district court DISMISSED my case after dragging it out for 3 years by claiming that my law suit against 5 Ocean cty NJ Superior court judges had "deficiencies" that did NOT satisfy the two prong requirements of the Mireles v. Waco, 502 U.S. 9, 12 (1991). I have filed the Notice of Appeal with the Federal district court as within the 30 day requirement.
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Skills required
Legal Services Paralegal Legal Consulting Legal Research
Job description
Need prepare legal complain and research case law for complain to file in California superior court.
I am a pro se plaintiff in a federal antitrust action. I am appealing from summary judgement.
I filed my initial complaint in US District Court (Eugene) in Oct 2016. The district court dismissed my claims under Rule 12(b)(6). On appeal the USCA for the 9th Cir vacated the lower court's decision.
Following discovery defendants moved for summary judgement, which the district court granted. I filed timely notice of appeal.
My opening brief is due August 9, 2021. I have a rough draft completed. I want to file a Streamlined Extension of Time (Circuit Rule 31-2.2) about a week before the opening brief is due, which will extend the due date to September 9. Although self-represented parties aren't required to file excerpts from the record, I plan to do so. My rough draft has those excerpts already cited to the ECF and page numbers. I can supply those documents so that you won't have to go to the court's filing system and download them.
The court has entered a judgement awarding costs to defendants. I will file a motion to stay ex*****on of that judgement and for approval of a supersedeas bond. I need to file this before August 8. I have drafted the motion. Should have the bond in a few days.
So, in summary, I need your help to:
1) file a motion in the next few weeks with the district court to stay ex*****on of its judgement for costs and approval of my supersedeas bond,
2) file a motion with the 9th Cir for a "Streamlined Extension of Time" around the first of August,
3) file my opening brief and excerpts from the record with the 9th Cir (which will be due September 9 after the court approves the extension), and
4) file a reply to appellees' answering brief.
This is the project so far. But, if the 9th Circuit rules in my favor — and I think there is a very good chance they will — I will need your help getting ready for trial.
I hope you will accept this project. Please let me know if you have any questions.
Thank you,
Steve I.
Job description
Client's Responses to Discovery: Emailing and telephone calls with client to collect all responsive documents. Organization and review of all responsive documents. Formatting and drafting responses to discovery requests. Preparation of any income and expense documents required in discovery requests. Opposing Party's Responses to Discovery: Review and summary of discovery responses Review and summary of documents produced Preparation of any necessary documents to include child support forms, detailed descriptive lists, etc. Preparation of Family Law Affidavits including Income and Expense Sheets
Job description
I have a hot deadline, but the complaint is already in pretty good shape, it just needs to be proofed. The complaint involves a personal injury involving product liability. You may be able to make some extra money, reviewing my demand, and exhibits, but the big thing right now is to get the complaint framework right, to avoid a dismissal, and the rest can follow. My guess is, I've got no more than two weeks from 12-24-2021 to proof my complaint. In other words, I need this completed by no later than January 6, 2021. This is what's known as an index poisoning case, so it will be interesting, and unique, in that respect. The complaint is otherwise, very straightforward and simple. So if you've got a curious, and scientific mind, you're likely going to really like this unique and fascinating case.
Job description
I’m a NC federal court Plaintiff (representing myself) with a deadline of May 26 to submit a motion to set aside a Memorandum Settlement Agreement (MSA) signed at mediation combined with a motion for a stay of proceedings to allow time to find an attorney. Currently, the project is underway and legal advice and assistance with and proofing of the motion is needed. Obviously, this is an immediate need. Summary Deliverable: Completed Motion to Set Aside MSA & Stay of Proceedings Type of Assistance: Legal Expert/Federal Court Rules & Procedures & Contract Law
****What is even more concerning is that the profile of Stephen G. states:
I am a former attorney with over 30 years experience looking to assist lawyers in their practice. I have earned a "top rated" status from Upwork. I have experience in both civil and family law and criminal defense. I have handled both state and federal cases in both civil and criminal areas. I am also a former prosecutor having handled major crimes. I have been a certified circuit court civil and family law mediator as well. I am also skilled in writing contracts and property leases. I have full access to West Law and conduct legal research routinely. Although no longer licensed to practice at this time, I currently assist attorneys in various states around the country in the preparation of their complaints, memorandums, discovery and all litigation related matters. I would like to assist you in your practice as well. I can provide references to all attorneys who have used my services in the past.
Despite the representations, indicating that Stephen G., is only providing his services to attorneys, his Upwork history demonstrates otherwise. For example, one project stated:
Job description
Hello, and thank you for your interest! I am not a lawyer, but have successfully filed a medical malpractice complaint and had it accepted by the courts. As I move forward I will need help interpreting the judicial paperwork and ensuring that I meet all requirements. Details of the case can be provided upon request.
There is also a concern that this Stephen G., may be Stephen Jay Goldstein.
Source(s): https://www.floridasupremecourt.org/Case-Information/Case-Disposition-Orders/2009-Case-Disposition-Orders/April/The-Florida-Bar-v.-Stephen-Jay-Goldstein