Legal Memo

.docx

School

Wayne State University *

*We aren’t endorsed by this school

Course

8990

Subject

Law

Date

Apr 30, 2024

Type

docx

Pages

2

Uploaded by tlfb26 on coursehero.com

Legal Memo DATE:   TO:        Company Executive FROM: RE:          Whaley decision analysis Your memo should describe the key facts of   Whaley   (as you would do when writing a case brief), identify the key issue(s) relevant to your company's situation (as you would do when writing a memo in IRAC format), describe the court's analysis of the relevant issue(s) in   Whaley (as you would do if you were writing either a case brief or a memo in IRAC format), explain the relevant holding in   Whaley (as you would do if you were writing either a case brief or a memo in IRAC format), compare the facts from   Whaley   to your company's situation, and conclude with your evaluation of what   Whaley   means for your company and its personal appearance requirements for salon employees. Key Fact(s): In this case, when the dealership employee drafted an extended service package contract and charged a fee, did they engage in unauthorized practice of law? Key Issue(s): In this case, when the dealership employee drafted an extended service package contract and charged a fee, did they engage in unauthorized practice of law? Court’s Analysis of Relevant Issue(s): In Dressel v. Ameribank (2003), the plaintiffs brought forth a class action lawsuit against the defendants for charging a separate $400 fee for drafting mortgage documents. The Michigan Supreme Court overturned a Court of Appeals decision that previously held that a lender could not charge a borrower fee for preparing loan documents because preparing those documents constituted unauthorized practice of law. The court held that there was no legal expertise or prudence involved in filling out the mortgage forms and that the lender did not advise borrowers about the legal validity of the documents, thus there was no unauthorized practice of law.
Relevant Holding(s): In Dressel v. Ameribank (2003), it was held that fees being charged for document preparation did not constitute unauthorized practice of law, so long as the non-lawyer preparing the documents did not use any legal knowledge or discretion when they completed the documents. There is mention of legal provisions that are associated with the contracts for extended service packages. Also, employees of the dealership discuss these provisions and any alternatives with the buyers. Since legal provisions were discussed, based on the opinion in Dressell v. Ameribank, there was unauthorized practice of law. Comparison of the Fact(s): Since legal provisions are explained by non-lawyers that are employed by our client, it is likely that they will be found guilty of unauthorized practice of law. Conclusion: Since legal provisions are explained by non-lawyers that are employed by our client, it is likely that they will be found guilty of unauthorized practice of law.
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