Many people who work with an attorney will spend at least part of their time in contact with a paralegal. While paralegals play important roles in the legal process, they have specific limitations in what they’re allowed to do.
One of the most important things to remember is that a paralegal must be under the direct supervision of an attorney. It is the attorney’s responsibility to ensure the paralegal doesn’t act outside of their allowed scope.
What are some examples of limitations paralegals face?
Paralegals can’t engage in unauthorized practice of law, which means they can’t give legal advice or represent clients in court. They also can’t set or negotiate legal fees. Essentially, they have to perform tasks designated by their supervising attorney. These may include doing research to prepare the case as well as speaking to clients. These tasks must be delegated with care because the supervising attorney is ultimately responsible for a paralegal’s actions.
Paralegals must adhere to ethical standards, but the attorney is still the one who is responsible for ensuring compliance. Paralegals must not do anything that could lead to claims of breach of confidentiality, conflict of interest or misconduct. It’s the lawyer’s duty to train and monitor all support staff to ensure that issues don’t arise from their conduct.
There are instances in which clients can suffer harm, whether financially or legally, because of the actions of a paralegal. They may opt to pursue a legal malpractice claim, but these cases can be complex. It’s wise to get experienced guidance to hold legal professionals accountable for their actions and what occurs under their supervision.