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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a civil action, a paralegal employed by a law firm drafts a petition and its supporting affidavits, then files the petition with the trial court bearing the supervising attorney’s name on the cover. The paralegal signs the documents as 'Preparer' and provides the client with guidance on which theories of relief to pursue. The supervising attorney reviews the materials but does not sign the petition, and later appears in court to argue the case. The client later alleges unauthorized practice of law by the paralegal and seeks damages. Under CPRA Canon II, Secs. 34-35, which of the following is the most accurate assessment?

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Canon II applies only to non-lawyer agents who do not practice law; the paralegal’s actions in drafting pleadings and providing legal guidance clearly fall outside ‘non-legal’ tasks and would constitute unauthorized practice of law; the firm should reassign duties and train staff accordingly. The supervising attorney’s later appearance in court cures any unauthorized practice by the paralegal; liability rests solely with the attorney when they participate in court proceedings. The controlling rule is that paralegals may perform only non-legal tasks under direct supervision and may not draft pleadings, file documents that amount to the practice of law, or give legal advice; thus the paralegal’s actions constitute the unauthorized practice of law and both the paralegal and supervising attorney may be liable; the firm should institute safeguards such as prohibiting paralegals from drafting pleadings or giving legal advice, require attorney-drafted and signed pleadings, implement formal supervision policies, and provide CPRA training. The paralegal’s drafting of pleadings and providing legal guidance may be permissible if the attorney maintains ultimate control and supervision, so long as the paralegal’s role is limited to a supervisory context; the client’s claim would depend on the extent of the paralegal’s direct advice.

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