ethics of non lawyer advice and doc prep

[billblasky]

I have worked as a legal assistant in the past, im not an attorney, I worked in assisting an attorney in collections.

I now work as a delivery driver for my brothers wholesale business, and he has asked me to help him prepare the documents to take his delinquent accounts to small claims, can ethically I get paid for that or get a % of whats collected? He has a lot of accounts that need collected on and im familiar with the process.

The state website says an employee can represent you, does that make it ok for me to prepare the docs like summons, complaint, help them file it, help them with answers etc.

 

[army judge]

As I understand the small claims statute in most states, yes, a lay person can represent their employer in such matters.
In some states, only lay people can litigate matters in small claims cases.
Using your example, the person representing a business in a small claims case is normally one of the owners, an executive, or a manager.
Your financial arrangement with your brother is of no consequence to the court.
You'd be best served to NOT discuss how your brother pays you. Why? It's irrelevant.

Again, why concern yourself with revealing who prepared the documents for your brother's delinquent accounts.

Lastly, contesting the dents is easier than collecting the judgments. If you can't collect on the debts, all you'll be doing is wasting good money to chase bad.

Your brother might want to look at selling the delinquent A/R. He could easily get 50-70% without the hassle and extra expense.

Most small claims filing and service costs about $100 per filing. Mass small claims filings can be even more harmful than carrying the debt. Why not demand payment upon pickup. Look at FedEx and UPS, and other delivery services.

No pay, no pick up. Extend credit only to customers you know and trust, but you still wear the risk. Good luck.

 

[billblasky]

Thanks for the quick reply, does it change anything at all that Im a law school graduate? I still qualify as a lay person and can prepare all the legal docs for him, so long as I am his paid employee(delivery driver)?

I just want to make sure im not breaking any professional responsibility rules, as I will be licensed one day.

 

[army judge]

Thanks for the quick reply, does it change anything at all that Im a law school graduate? I still qualify as a lay person and can prepare all the legal docs for him, so long as I am his paid employee(delivery driver)?

I just want to make sure im not breaking any professional responsibility rules, as I will be licensed one day.

You might ask that specific question of someone in your county bar, or someone at the state bar on the ethics committee.

If you want to ensure you're acting appropriately (to preserve the record) ask your question in writing seeking a written response.

 

[Betty3]

Agree - to be on the safe side, you might want to ask someone at your local or state bar assoc. your question & ask for a written response.