Mai hires Siena who holds herself out to be a lawyer. Siena never went to law school and never passes the bar exam. Mai relied upon the “legal” advice that Siena gave her and suffered damages because it was incorrect. However, most people who weren’t attorneys would have given the same advice that Siena gave. Mai sues Siena for malpractice and Siena argues that since she wasn’t really a lawyer, she can’t be held to the same standards as a lawyer would be. Who wins? Why?

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  1. Mai hires Siena who holds herself out to be a lawyer. Siena never went to law school and never passes the bar exam. Mai relied upon the “legal” advice that Siena gave her and suffered damages because it was incorrect. However, most people who weren’t attorneys would have given the same advice that Siena gave. Mai sues Siena for malpractice and Siena argues that since she wasn’t really a lawyer, she can’t be held to the same standards as a lawyer would be. Who wins? Why?
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In this discussion, we explore a case where Mai seeks counsel from Siena, who holds herself out as a lawyer despite lacking the requisite legal qualifications. When the advice provided by Siena leads to unfavorable outcomes for Mai, a lawsuit ensues.

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