Locked up lawyer can advise fellow inmates, court rules

A jailed lawyer who offered free legal advice to her fellow inmates did not engage in unauthorised practice of law (UPL), a Vermont court has ruled.

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Vermont prosecutors filed criminal charges against lawyer Serendipity Morales in February, alleging that she had conducted unauthorised legal work for five of her fellow inmates during her stint at Marble Valley Regional Correctional Centre. Ms Morales also lodged numerous federal civil lawsuits relating to prison conditions while incarcerated at Marble Valley, including one asserting prisoners’ constitutional right to engage in consensual sexual activity while in prison.

No money involved 

This week, a Vermont court ruled that the law of UPL did not apply in situations where one inmate gives advice to another inmate without collecting payment or pretending to be a lawyer. However, the court warned that its decision was limited to the facts of Ms Morales’ case, and does not carry into situations wherein an inmate charges for legal advice given to other inmates while in prison.

Source: BigLaw Business

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