As a paralegal are you allowed to do any of the

Question

As a family law paralegal, you will likely be called upon by family, friends, and acquaintances to give some "simple" legal advice. How should you handle these situations? Is it UPL for you to show someone what form to use? Should you be soliciting clients for your firm to represent or for you to give direct advice to? Further, let us analyze the situations below, and assume that you work at a law firm as a family law paralegal.

· A friend of yours Julia comes to you for help. She wants to file for divorce and asks if you can prepare the necessary pleadings.

· You are dining in a restaurant one night and overhear a conversation where one party is contemplating filing for divorce. The divorce will be uncontested and simple. You explain to them that you are a paralegal and are familiar with the necessary forms to file for divorce. You offer to help them file for divorce.

As a paralegal, are you allowed to do any of the aforementioned tasks? Is this unauthorized practice of law? Why or why not? Compare and contrast both situations.

Answer 1

Let us examine the case situations illustrated in the assignment and suppose that you work at a law firm as a family law paralegal, you have to provide your legal advice. 1) A friend of yours Julia comes to you for your assistance. She wishes to file for divorce and inquires if you can set up the required pleadings. 2) You are dining in a restaurant one night and listen in a conversation where one party is considering filing for divorce. The divorce will be unconcealed and simple. You describe to them that you are a paralegal and are well-known by means of the required forms to file for divorce. You propose to assist them file for divorce. 3) As a paralegal, are you permitted to do any of the aforementioned tasks? Is this unauthorized practice of law? Explain why or why not? Differentiate both the conditions.