A lawyer may not delegate to a paralegal
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GUIDELINE 3: A lawyer may not delegate to a paralegal:
(a)
‘ relationship.
(b)
Responsibility for establishing the amount of a fee to be charged
for a legal service.
(c)
Responsibility for a legal opinion rendered to a client.
COMMENT
▪The lawyer must establish and maintain a relationship with the client to ensure that
the client can effectively participate in the representation.
Model Rule 1.4 and most state codes require lawyers to communicate directly with their
clients and to provide their clients information reasonably necessary to make informed
decisions and to effectively participate in the representation. While delegation of legal tasks
to nonlawyers may benefit clients by enabling their lawyers to render legal services more
M ‘ EC M C
that delegation is
supervises the delegated work and has complete professional responsibility for the work
NALA E C M ‘ A p aralegal may
perform any task which is properly delegated and supervised by an attorney , as long as the
attorney is ultimately responsible to the client, maintains a direct relationship with the
M te guidelines
See New
M ‘ T
judgment.
▪The lawyer must set fees, and discuss the basis for fees, directly with the client.
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representation and the related fee arrangement. The Model Rules and most states require
lawyers to make fee arrangements with their clients and to clearly communicate with their
clients concerning the scope of the representation and the basis for the fees for which the
client will be responsible. Model Rule 1.5 and Comments. Many state guidel ines prohibit
See, e.g. P E O
1994 Utah Eth. Op. 139. NALA Ethics Canon 3 states that a paralegal must not establish
▪Paralegals may communicate directly with the client, so long as they do not interpret
advice.
M C EC T
educated ability to relate the general body and philosophy of law to a specific l egal problem
of a client; and thus, the public interest will be better served if only lawyers are permitted
C
professional judgment and opinion. Paralegals may, however, be authorized to
on that advice. Typically, state guidelines phrase this prohibition in terms of paralegals
See,
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