A lawyer is responsible for taking reasonable measures to ensure that clients, courts, and other lawyers are aware that a paralegal, whose services are utilized by the lawyer in performing legal services, is not licensed to practice law
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e.g. N H ‘ “‘ K “C‘ “‘ NALA E
Canon 3 states that a paralegal must not give legal opinions or advice. Some states hav e
more expansive wording that prohibits paralegals from engaging in any activity that would
require the exercise of independent legal judgment. See, e.g. N M ‘
Nevertheless, it is clear that all states and the Model Rules encourage direc t communication
between clients and a paralegal insofar as the paralegal is performing a task properly
delegated by a lawyer. It should be noted that a lawyer who permits a paralegal to assist in
therefore, is not in violation of this guideline.
GUIDELINE 4: A lawyer is responsible for taking reasonable measures to ensure that
clients, courts, and other lawyers are aware that a paralegal, whose services are
utilized by the lawyer in performing legal services, is not licensed to practice law.
COMMENT
▪Lawyers must disclose the status of paralegals as nonlawyers and ensure clients
understand the limitations on paralegals practicing law.
Since a paralegal is not a licensed attorney, it is important that those with whom the
T NFPA G EC
paralegals to disclose their status. Likewise, NALA Ethics Canon 5 requires a paralegal to
disclose his or her status at the outset of any professional relationship. While requiring the
third
parties may be discharged, the Standing Committee is of the view that it is desirable to
M ‘
Lawyers may discharge that responsibility by direct communication wit h the client and third
parties, or by requiring the paralegal to make the disclosure, by a written memorandum, or
by some other means. Several state guidelines impose on the lawyer responsibility for
instructing a paralegal whose services are utilized by t
status in any dealings with a third party. See, e.g. K “C‘ “‘ I
G N H ‘ “‘ N M ‘
Although in most initial engagements by a client it may be prudent for the att orney to
discharge this responsibility with a writing, the guideline requires only that the lawyer
recognize the responsibility and ensure that it is discharged. Clearly, when a client has been
adequately informed of the
make additional formalistic disclosures as the client retains the lawyer for other services.
▪A P
long as their title clearly indicates their status as a paralegal.
Most guidelines or ethics opinions concerning the disclosure of the status of paralegals
to identify the paralegal not be deceptive. To fulfill these objectives, the titles assigned t o
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