This is an internal business article, but is a harmless exposition of the issue and not classified.
our insurance excludes “legal services” that should only be done by an attorney. this means that the burden is shifted onto us concurrently along with the attorney client who asks us to complete tasks to make sure that we ourselves are not engaging in upl.
– Our E&O Policy covering unlimited number of 1099 employees – does not exclude us if we are doing what we are beginning to do under “task services” which requires an additional set of policies beyond our basic general liability policy and so we will sub-contract.
the issue is a malpractice lawsuit against one of the client attorneys filed by one of their clients for whose case we did work including apex as a co-defendant. the malpractice lawsuit against an attorney has to prove legal duty which is a mater of law and also breach which is a matter of fact and most importantly it has to prove actual damage. In other words, a malpractice plaintiff must prove they would have obtained a better result if the defendant had acted as a reasonably careful attorney.
– article – https://apexlawservice.com/wp-content/uploads/2020/04/legal-malpractice.pdf
THE PRACTICAL SOLUTION IS THIS PHRASE WHEN A REQUEST THAT IS TOO CLOSE TO THE LINE IS GIVEN BY AN ATTORNEY:
“WE FEEL THIS REQUEST IS TOO CLOSE TO THE BORDER OF BEING AN ACT OF UPL ON OUR PART AND SO WE THEREFORE ASK THAT YOU REQUEST AN ASSOCIATE ATTORNEY TO DO THIS TASK FOR YOU RATHER THAN APEX LAW SERVICE.”