by Marilyn Lindblad

Created on: November 10, 2010

Paralegals are bound by many of the same ethical constraints as attorneys; therefore, the ethical dilemmas they face are similar to those faced by attorneys. However, there is one ethical dilemma paralegals face that most attorneys will never face: crossing the line from authentic paralegal duties into the unauthorized practice of law.

Ethics 101 for paralegals

Many of the ethics rules that apply to lawyers also apply to paralegals. For example, neither an attorney nor a paralegal may ethically work on a case for a party who is adverse to an existing client. Neither an attorney nor a paralegal may divulge information that is protected by the attorney-client privilege. Neither an attorney nor a paralegal may suborn perjury - allow a witness to testify if they know that the witness is going to lie under oath. Other ethical restrictions are as applicable to paralegals as they are to lawyers.

Unauthorized practice of law
Paralegals face one ethical dilemma, however, that an attorney is unlikely to face: the unauthorized practice of law. Paralegals are assistants who perform routine legal work under the supervision of an attorney. In cases of unauthorized practice of law, a question arises about how closely the attorney is supervising the paralegal’s work.

The paralegal who is most vulnerable to a charge of unauthorized practice of law is an independent paralegal who operates without being associated with any lawyer or law office. These paralegals often sell forms to consumers for routine legal processes like bankruptcy and divorce. So what happens when a customer asks the paralegal for help filling out a form? This can be a grey area under the law.

A paralegal is usually safe answering questions about the form: when and where it should be filed; whether there is a filing fee; what information belongs in each field on the form. However, the paralegal cannot give fact-specific advice about the form.

An example
Suppose a woman comes to the independent paralegal’s office and asks for a divorce form – also known as a petition for dissolution of marriage. The paralegal can explain that there are different forms for a divorce, depending on whether the couple has children or owns real estate together. The paralegal can then ask the customer which form she needs.

What the paralegal cannot ethically do is interview the client to determine whether there are children of the marriage or whether the couple owns real property, and then tell the client which form she needs to purchase. Only licensed attorneys can make fact-specific interpretations of the law.

Most of the ethical dilemmas faced by paralegals are the same dilemmas that vex their supervising attorneys. Fortunately, these paralegals can get free legal and ethical advice by asking their supervising attorney what to do about any given situation. Independent paralegals face the additional dilemma of unauthorized practice of law.

Both kinds of paralegals should take ongoing ethics training throughout their career so they will recognize ethical dilemmas when they happen and get the help they need.

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