Put simply: No. Paralegals may have significant legal knowledge, but they aren’t licensed to work as attorneys—so they cannot practice law. As such, to avoid the unauthorized practice of law, a paralegal should not work without the supervision of a lawyer. Paralegals should also never present themselves as a lawyer.
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A paralegal can share legal advice that comes from an attorney or direct a client’s question to the attorney themselves. But if a paralegal gives legal advice or holds themselves out as an attorney in any way, they are said to be engaging in the unauthorized practice of law. Paralegals are not allowed to represent clients in court. Although the right of self-representation is provided for by …
a supervising attorney's determination of the paralegal's competency limits the tasks a paralegal may perform. Paralegals perform the same functions as an attorney except those generally prohibited by unauthorized practice of law statutes, i.e., accepting clients, setting legal fees, giving legal advice, or representing others in court.
Paralegals cannot represent a client in court. Paralegals cannot appear on behalf of the client in court, perform depositions, sign pleadings, or perform most other legal tasks. In short, paralegals cannot engage in the practice of law in the same way as attorneys do.
For example, a paralegal may help to prepare a complaint about the plaintiff in small claims court or do legal research for anyone the parties. In addition, a paralegal can list things that a small claims court requires a litigant to prepare and file depending on a state.
Note that while paralegals can represent the same clients, some immigration or tax courts, for example, are better not . Even in the same legal case because those matters sometimes are complicated. But immigration and tax courts may make their own rules allowing paralegals to do a limited representation of a client.
The caveat with this approach is that lawyers are pretty demanding, and paralegals must have sufficient skills and experience to negotiate reasonable fees with attorneys. By the way, in this instance, a paralegal can negotiate fees for work performed for a lawyer.
Essentially, this is the same setup as an attorney supervising a paralegal as an employee in a law firm. Except, here, paralegals do the work from their own home or office without a lawyer. Then they sell work to a lawyer on an independent, contractual, or freelance basis.
Under such arrangement, legal ethics rules require lawyers to review such paralegal’s work. Ultimately, any problem will be the attorney’s responsibility under which paralegal allegedly works. Therefore, most lawyers do not agree to such arrangement unless paralegal works in their office or paralegal have decades of experience.
Some independent paralegals contract with lawyers who can provide an umbrella under which independent paralegals can work with clients. Such paralegal usually mentions that they work with that attorney or law firm, even though they essentially work from their own office.
Sometimes paralegals can work independently with significant restrictions. In this article, you will read further that paralegals can provide specific legal services alone or as freelancers without a lawyer. The tasks paralegal can perform without a lawyer mainly relate to document preparation.
By taking on certain tasks (like handling legal paperwork and conducting legal research), paralegals improve law firm efficiency, save lawyers time, and help provide a better overall client-centered service. Here are some of the key services a supervised paralegal can provide to improve your practice:
It’s important, as always, that paralegals respect the same client confidentiality rules that a lawyer would. A trained paralegal can also have excellent interview and interpersonal skills to assist with interviews.
Using a paralegal to assist with legal tasks doesn’t just make you more efficient—it also saves you (and your clients) money. Because paralegals charge lower rates than you do as an attorney, delegating certain tasks to them means a lower overall cost for your firm’s services.
By delegating support and non-billable legal tasks to a paralegal, you can boost law firm efficiency in multiple ways. Assigning specific tasks to your paralegal means allowing them to focus and excel in those areas. For example, a skilled paralegal may be excellent at conducting legal research quickly and efficiently, especially if that’s one of their primary daily job responsibilities. Additionally, while your paralegal takes support tasks off your plate, you can spend more time on billable work. Overall, the law firm then becomes more productive.
Did you know lawyers spend a significant portion of their workdays on legal administrative support tasks that don’t bring in revenue? Specifically, lawyers only spend an average of 31% of their workdays on billable work, according to the 2020 Legal Trends Report. By delegating non-billable tasks to a paralegal, your firm can be more productive. This way, you’ll also free up more of your time to focus on billable work.
Ethical considerations for hiring paralegals. Remember: Paralegals work under the supervision of lawyers. As valuable as paralegals can be to your firm, it’s important to understand the limits of what work they can take on. You must also understand your role and responsibilities as a supervising lawyer.
Attorneys are, by nature, busy. So what can paralegals do to help? When supervised by a licensed lawyer, paralegals can take on substantive legal tasks. This ultimately saves you time and money.
Protecting client confidentiality. Lawyers may rely on nonlawyer assistants to gather information from clients and then relay the lawyer’s advice to the client, provided the lawyer takes steps to prevent the assistant from elaborating on or adding to the lawyer’s legal advice.
Delegating some of the substantive legal work that law practices require may, without the proper understanding of the role of your nonlawyer staff (paralegals, secretaries or other staff within a firm), lead to professional and ethical violations that could result in serious consequences for the lawyer and the firm.
Paralegals and nonlawyer staff should be able to perform many of the services that lawyers perform, so long as they do so under lawyer supervision and that the lawyer maintains responsibility for the work. To ensure this, both McGee and Wilkinson said firms should have regular training for nonlawyer staff to help them understand how the rules of professional conduct affect them professionally. Some guidelines:
According to Wilkinson, a member of the ABA Standing Committee on Professionalism, any nonlawyer at a firm, district attorney’s or public defender’s office, or even a nonprofit legal service provider, is indirectly subject to the rules of professional conduct that have been adopted in every state except California.
Fee sharing with paralegals/nonlawyers. ABA Model Rule 5.4 prohibits fee sharing with a nonlawyer except in specific circumstances delineated in the rule. Disbarred or suspended lawyers are generally deemed “nonlawyers” within the meaning of the rule, and therefore typically barred from participating in any legal fee unless the former lawyer’s conduct entitling him or her to the fee occurred while the lawyer was in good standing and duly authorized to practice. “Take, for example, if a lawyer made a referral of a contingent fee matter before being suspended, the former lawyer may be entitled to share in the fee after the suspension even if he or she is now working as a paralegal,’’ Wilkinson explained.
The belief that licensing can provide paralegals with greater autonomy to provide legal services directly to consumers and clients who were otherwise restricted access to them on economic grounds. Therefore, the central idea is that licensing paralegals on a more widespread basis could benefit the standards and availability of the law.
A direct advantage of removing attorney supervision, is that those that are for licensing and against mandated attorney supervision, is that it can open up the level of legal care available to lower class, lower income parties.
Since paralegals are often unlicensed, and thus unregulated, they are usually defined in somewhat reductive terms, mainly in the means by which their actions in the legal industry are restrained and restricted.
However, there are jurisdictions where paralegals have historically been allowed to practice outside of an attorney’s supervision, usually in the role of aiding in document preparation. Very few jurisdictions have gone on to license independent paralegals, with California being the main example in its licensing of Legal Document Assistants, ...
The central belief behind this mandate is that attorneys are licensed, having passed a local bar exam, and are ultimately responsible for the strategy implemented that directs paralegals, and who must ultimately place their name on any work completed by a paralegal, thus giving them a level of ownership by oversight.
An argument for this is that licensing can do a far better job regulating the standard of paralegals entering into the industry, allowing this improved standard of paralegal services to be able to operate more autonomously.
Duties You Can Expect to Perform as a Paralegal. Most people think of the role of a paralegal as an assistant to an attorney. The American Association for Paralegal Education (AAfPE) defines a paralegal as someone who "performs substantive and procedural legal work as authorized by law, which work, in the absence of the paralegal, ...
However, they are often present in order to observe the questioning and take notes so they are prepared to conduct subsequent interviews with clients and witnesses. After locating and interviewing a witness, the paralegal prepares a memo summarizing the testimony for the attorney.
Paralegals have knowledge of the law gained through education, or education and work experience, which qualifies them to perform legal work. Paralegals adhere to recognized e thical standards and rules of professional responsibility.". But what activities can one really expect to do each day as a paralegal?
However, they are often present in order to observe the questioning and take notes so they are prepared to conduct subsequent interviews with clients and witnesses. After locating and interviewing a witness, the paralegal prepares a memo summarizing the testimony for the attorney.
In addition to these duties, paralegals are expected to handle administrative tasks such as filing papers, answering telephone calls, and maintaining and organizing reference files . Paralegals are often in charge of maintaining the schedule of their attorney, and spend some time of each day calling clients, lawyers, witnesses, experts and court personnel to schedule interviews, hearings, meetings, depositions, and trials. Paralegals may also handle any needed travel arrangements.
A paralegal is a person, qualified by education, training or work experience, who is employed or retained by a lawyer, law office, corporation, governmental agency, or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. ( ABA House of Delegates, 2020)
Paralegals can be a key element in that team, especially in fostering cost efficiency.
The National Federation of Paralegal Associations (NFPA) awards the designation Registered Paralegal (RP) to persons who have met its requirements, which include passing the Paralegal Advanced Competency Exam (PACE), or the designation of CORE Registered Paralegal (CRP) to persons who pass the Paralegal CORE Competency Exam (PCCE). NPFA also offers an Assurance of Learning opportunity for paralegal education programs.
These include a minimum of 60 semester hours of study (18 semester hours must be designed specifically to develop paralegal skills), extensive reports and periodic site visits. An ABA-approved paralegal education program has undergone a rigorous scrutiny of its curriculum, faculty, recruiting and admission practices, library and computer resources, student services, and other aspects of the program.
Technically a "certified" paralegal is a paralegal who has completed the voluntary certification process of a professional association by developing a specified level of professional competency.
The ABA endorsed the use of paralegals in 1967 and established the first committee on paralegals in 1968. Since 1975, the ABA has approved paralegal programs that satisfy the rigorous standards of the ABA Guidelines for the Approval of Paralegal Education Programs (PDF).
Maine, Indiana , and South Dakota have defined the terms. Maine's definition also carries fines for misuse. Paralegals are qualified to perform their responsibilities by completing an educational program, receiving training on the job, or through actual work experience. They are not licensed as attorneys are.
As a lawyer, you need to know the law and know how to apply it to get favorable outcomes in your cases. While knowing case law and being argumentative are two important skills attorneys must possess, the best attorneys know how to build effective teams. This includes at least a receptionist and a paralegal.
What a paralegal can legally do depends on the state that they work in. There are state regulations that limit the tasks that legal assistants can perform under the supervision of a licensed attorney. If you still are not sold on hiring an assistant to delegate some of your legal duties to, here are some tasks a paralegal can perform:
If you still are not sure how many lawyers hire legal assistants, the best way to see what demand looks like is to look at job outlook. According to the Bureau of Labor Statistics, the field is expected to grow by 8% until the year 2024. This means that about 21,200 more jobs will be created.
Because the majority of paralegals work in the litigation area of law, they find themselves involved in all phases of the litigation process, including legal research, drafting of pleadings and motions through the discovery process, trial preparation, settlement, and post-judgment matters.
If a paralegal crosses the line into any tasks or capacities that they are not qualified for, the ABA has a term for that: the unauthorized practice of law.
Paralegals are also not allowed to set the amount of a fee to be charged for legal services; represent clients in court; provide legal advice and opinions (although they can relay information given to them by their supervising attorneys); hold themselves out as attorneys; or make unsupervised legal judgments.
It is also a well-accepted principle that paralegals may not conduct depositions, or even ask questions during a deposition even when an attorney approved the questions or while supervised by an attorney. However, paralegals have the right to attend depositions with their supervising attorneys and also assist them at trial. Because the majority of paralegals work in the litigation area of law, they find themselves involved in all phases of the litigation process, including legal research, drafting of pleadings and motions through the discovery process, trial preparation, settlement, and post-judgment matters.
It is not unusual for a client to develop a strong relationship with the paralegal that is assisting an attorney on their case, and also for the client to at times ask questions of the paralegal which in order to answer, would require the paralegal to give legal advice.
Paralegals are prohibited from giving legal advice to clients. Giving legal advice may be defined as directing a client how to proceed in a matter that has legal consequences, and/or explaining to a client his or her legal rights and responsibilities.
Paralegals cannot establish the attorney/client relationship, i.e. take a case. Paralegals may interview potential clients, gather information regarding a potential case, and can even prepare a retainer agreement for the client’s signature, but they cannot decide whether or not to take a particular case – that is the attorney’s responsibility. That is not to say that attorneys don’t sometimes ask their paralegal’s opinion regarding the viability of a case; they do, but the decision about whether or not to represent an individual is theirs alone.