Sunnyvale, CA asked in Legal Malpractice for California

Q: Is helping someone draft an Injury and Illness Prevention Program (California) considered the provision of legal advice?

I work as a Safety and Health consultant, and a client is asking that I help them draft their Injury and Illness Prevention Program (IIPP) which is a program required by Cal/OSHA regulations. I am not a lawyer.

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1 Lawyer Answer

A: Writing a company manual doesn't sound like the unauthorized practice of law.

It sounds like a company policy to comply with California law. Like the HR manual is a company policy to comply with other California laws. Of course, I haven't seen what the scope of your responsibility is, or your work product, so my conclusion isn't worth much.

Here is the LA District Attorney Prosecutors Manual for Prosecution of the Unauthorized Practice of Law which gives an explanation of how these questions are approached. http://caught.net/pdf/uplpublic.pdf

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