Essay On Paralegals
Becoming a paralegal has many different aspects to it that many do not know about. Paralegals have to be more worried about Unauthorized Practice of Law or UPL then a lawyer in my opinion. There are so many things that a Paralegal can get in trouble for because it is out of their scope of practice. Paralegals are there to help assist attorneys whenever they are needed. Is answering a simple yes or no question considered UPL? Is telling someone they have a case considered UPL? We will look more in depth into these topics next. Polly Paralegal has two friends, Mr. & Mrs. Smith. Mrs. Smith just found out that Mr. Smith has been committing adultery during their marriage. Mr. Smith calls Polly up and asks her if “the grounds for divorce in North
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Smith calls up Polly and asks her ““Do I have grounds for divorce in North Carolina? I just found out that Stan committed adultery” (PA253, 2014). If she answers this question, would she be committing UPL? This is where any paralegal will get themselves into a tight space. You always want to help a friend out, but is it worth possibly losing your job? In this situation if Polly answers the question, she would be committing UPL. Polly would be going against Cannon 4. Cannon 4 states,
“A paralegal must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. The services of an attorney are essential in the public interest whenever such legal judgment is required” (North Carolina Paralegal Association, 2007).
She would be going against professional judgment if she answered the question because she is not an attorney who can render legal advice on the topic. She would also be going against Cannon 3(b), which states, “a paralegal must not establish attorney-client relationships, set fees, give legal opinions or advice or represent a client before a court or agency unless so authorized by that court or agency” (North Carolina Paralegal Association, 2007). By answering Mrs. Smith’s question, she would be giving a legal opinion which falls under Unauthorized Practice of
Smith calls up Polly and asks her ““Do I have grounds for divorce in North Carolina? I just found out that Stan committed adultery” (PA253, 2014). If she answers this question, would she be committing UPL? This is where any paralegal will get themselves into a tight space. You always want to help a friend out, but is it worth possibly losing your job? In this situation if Polly answers the question, she would be committing UPL. Polly would be going against Cannon 4. Cannon 4 states,
“A paralegal must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. The services of an attorney are essential in the public interest whenever such legal judgment is required” (North Carolina Paralegal Association, 2007).
She would be going against professional judgment if she answered the question because she is not an attorney who can render legal advice on the topic. She would also be going against Cannon 3(b), which states, “a paralegal must not establish attorney-client relationships, set fees, give legal opinions or advice or represent a client before a court or agency unless so authorized by that court or agency” (North Carolina Paralegal Association, 2007). By answering Mrs. Smith’s question, she would be giving a legal opinion which falls under Unauthorized Practice of