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All Jurisprudence based

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

In a civil action, a law firm engages a paralegal to draft a petition and its supporting affidavits and to prepare a concise memo analyzing potential theories of relief to pursue. The paralegal signs the petition as 'Preparer' and files it with the trial court using the supervising attorney’s name on the cover; the supervising attorney reviews the materials but does not sign; the attorney 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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Unauthorized practice of law by a paralegal occurs only if the paralegal directly represents the client in court; since the attorney ultimately signs and argues the case, the paralegal’s conduct does not constitute UPL. Providing a memo analyzing potential theories of relief under attorney supervision is permissible as a preparatory task, but drafting and filing pleadings remains the attorney’s function; thus there is no unauthorized practice so long as the attorney signs and appears in court. The CPRA permits paralegals to draft pleadings if the supervising attorney retains ultimate control and signs the pleading; the presence of the term 'Preparer' on the signature line renders the act non-upl and permissible. The paralegal’s drafting of the petition and affidavits, the memo analyzing theories of relief, and the signing of the petition as 'Preparer' constitute the practice of law by a non-attorney; the use of the supervising attorney’s name on the cover and the attorney’s later appearance do not cure the non-attorney’s UPL; both the paralegal and the supervising attorney may be liable for damages; the firm should implement safeguards such as requiring pleadings to be drafted and signed by counsel, restricting paralegal input to non-legal tasks, and providing CPRA compliance training.

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