This is an engagement letter for joint client representation. It covers the nature and scope of the representation, any exclusions, potential conflicts of interest, retainer, fees, costs and expenses, arbitration, and other issues.
West Virginia Engagement Agreement for Joint Client Representation
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PROHIBITION AGAINST UNAUTHORIZED PRACTICE OF LAW: No non-lawyer shall engage in the practice of law in the Commonwealth of Virginia or in any manner hold himself or herself out as authorized or qualified to practice law in the Commonwealth of Virginia except as may be authorized by rule or statute.
UPL may include work performed by immigration consultants and legal document preparers. Immigration consultants can complete forms for you to translate, but they cannot provide you with legal advice or tell you what form to use. If they do, it is UPL.
Generally, engagement letters are not privileged; however, if legal advice or strategy is conveyed in the letter, those portions of the letter may be privileged.
The unauthorized practice of law is performing legal services, creating legal documents, or offering legal advice as a person who is unlicensed, disbarred, or with no bar admission authorizing an individual to be able to do so. A real estate agent, for example, is not allowed to offer legal opinions to clients.
If someone gives legal advice without a license, that's called the unauthorized practice of law (UPL.) In California, only attorneys can give legal advice. If an attorney loses their license to practice, but continues to take and advise clients, that's also considered the unauthorized practice of law.
Unauthorized Use in Virginia (Va. Code §18.2-102) is the taking of property with the intent to temporarily deprive the owner of his or her property or the use of his or her property.
(D) A member who represents two or more clients shall not enter into an aggregate settlement of the claims of or against the clients without the informed written consent of each client.
6 Another situation, commonly known as the joint defense privilege to West Virginia attorneys and often affirmatively created by a ?joint defense agreement,? allows separate attorneys representing distinct clients with a common interest to communicate with one another without waving the attorney-client privilege.