Legal Ethics: Unauthorized Practice of Law CONTACT US info@paralegaleducationgroup.com
Lecture Agenda Basic Paralegal No-No s Ethical Rules Pertaining to Non-Lawyer Assistants Defining the Practice of Law Law Office Functions that May Constitute Unauthorized Practice of Law Freelance (Independent) Paralegals
Defining the Paralegal The Role of the Paralegal in the Legal Profession A legal assistant or 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. -American Bar Association What can paralegals do?
Unauthorized Practice of Law ABA Model Guidelines for the Utilization of Paralegals, Guideline 3: A lawyer may not delegate to a paralegal: (a) Responsibility for establishing an attorney-client relationship; (b) Responsibility for establishing the amount of a fee to be charged for a legal service. (3) Responsibility for a legal opinion rendered to a client.
Supervision of Non-Lawyers-RPC 5.3 With respect to a non-lawyer employed or retained by or associated with a lawyer: (a) A partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person s conduct is compatible with the professional obligations of the lawyer. (b) A lawyer having direct supervisory authority over the non-lawyer shall make reasonable efforts to ensure that the person s conduct is compatible with the professional obligations of the lawyer. (c) A lawyer shall be responsible for RPC violations of the non-lawyer if: (1) The lawyer ordered or ratified the conduct; or (2) The lawyer is a partner or supervisory attorney who know of the conduct but failed to mitigate or avoid the violation through reasonable remedial actions.
Practice of Law Defined ABA Model Code of Professional Responsibility EC 3-5 says It is neither necessary nor desirable to attempt the formulation of a single, specific definition of what constitutes the practice of law. Some Treatises Cite: Professional Judgment Test Traditional Areas of Practice Test Incidental Legal Services Test
Acts of Giving Legal Advice Recommending a course of conduct or a particular action to a client. Evaluating the probable outcome of litigation, negotiations, or other proposed actions for or with a client. Outlining client legal rights. Interpreting Law (Statutes, Case Law, Legal Documents)
Common Paralegal Tasks Organizing, analyzing, and summarizing legal documents. Interviewing clients and witnesses. Preparing correspondence (be careful what the correspondence pertains to). Preparing standard form documents. Drafting memos, pleadings, and other legal documents. Factual research. Legal research. Investigative work.
Disclosing Paralegal Status & Independent Paralegals Business Cards Letterhead Correspondence Freelance Paralegals-Opinion 24-The key is that the fees are from the law firm not the public. The same supervision requirements apply to the freelance paralegal that would apply to an in-house salaried staff member.
Questions? If after reviewing this presentation you have questions or concerns, please submit your question by using the Questions box on the course page or e-mail us at: info@paralegaleducationgroup.com One of our paralegal faculty will generally respond within forty-eight hours.