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A legal assistant, on the other hand, is actively involved in many aspects of the actions referenced above, which constitute the practice of law. This apparent conflict is resolved in most states by permitting the legal assistant to be involved in these activities, provided the lawyer maintains a direct relationship with the client involved, supervises and directs the work delegated to the legal assistant, and assumes complete and ultimate responsibility for the work product produced by the legal assistant. Supervision of the legal assistants work by the aorneyey must be direct and constant to avoid any charges of aiding the unauthorized practice of law.
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Therefore, although it may be improper in many states for a legal assistant to actually close a real estate transaction without the assistance or supervision of an aorneyey, it is not improper for the legal assistant to prepare the closing documents and to arrange for other aspects of the closing, provided the legal assistants work is closely supervised by the aorneyey. The legal assistant in this example should refer the loan officer to an aorneyey at the firm for an answer to the question regarding the will. The answer involves the giving of legal advice which, if given by the legal assistant, would constitute an unauthorized practice of law.