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Virtual Paralegalism

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New UPL Law in NC Gives Victims Right to Sue

A new North Carolina law that goes into effect on October 1, 2011 provides a private cause of action for victims of the unauthorized practice of law (UPL), providing for damages and attorney fees. 
§ 84-10.1.  Private cause of action for the unauthorized practice of law.
If any person  knowingly  violates any of the provisions of G.S. 84-4 through G.S. 84-6 or G.S. 84-9, fraudulently holds himself or herself out as a North Carolina certified paralegal by use of the designations set forth in G.S. 84-37(a), or knowingly aids and abets another person to commit the unauthorized practice of law, in addition to any other liability imposed pursuant to this Chapter or any other applicable law, any person who is damaged by the unlawful acts set out in this section shall be entitled to maintain a private cause of action to recover damages and reasonable attorneys’ fees.
Hopefully, this new law will prevent individuals that do not hold the North Carolina State Bar Paralegal Certification from falsely claiming that they do.

The damages provision could hit violators where it really hurts: right in the pocketbook…assuming that individuals unethical enough to engage in UPL aren’t already judgment-proof.

One Response to New UPL Law in NC Gives Victims Right to Sue

Contact Info:

Lynne J. DeVenny, N.C. State Bar Certified Paralegal

Owner & Virtual Paralegal, DeVenny Paralegal Services

Email: lynne.devenny[at]gmail.com

Telephone: 336-582-0003

Inquiries are welcome, with free quotes available.

Meet Lynne:

Lynne DeVenny is a North Carolina State Bar Certified Paralegal with over 27 years of experience working on complex litigation cases, including medical malpractice, personal injury, workers’ compensation, and Social Security disability.

Disclosure: I am not a lawyer and cannot provide legal representation or legal advice.

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