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?

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?