Copyright Megan Gallagher, Esq. 2011

Attorney OMG, Esq., a very successful sole practitioner, has hired 2 paralegals to help with her thriving practice. Today Attorney OMG, Esq., is tied up in court on a high-profile (and highly lucrative) case. Her law office is still very busy while she is away. Mrs. Bling, a very wealthy new client, contacted Attorney OMG to discuss the possibility of Attorney OMG representing Mrs. Bling in her divorce case against Mr. Bling, a successful jeweler. Because Attorney OMG is tied up in court, she has asked her star paralegals, Olivia and Elliott, to handle the initial interview and start the client intake process. Please assess the actions of Olivia and Elliott, and discuss whether they are committing UPL (unauthorized practice of law) or providing good paralegal services (GPS). Attorney OMG, Esq., a very successful sole practitioner, has hired 2 paralegals to help with her thriving practice. Today Attorney OMG, Esq., is tied up in court on a high-profile (and highly lucrative) case. Her law office is still very busy while she is away. Mrs. Bling, a very wealthy new client, contacted Attorney OMG to discuss the possibility of Attorney OMG representing Mrs. Bling in her divorce case against Mr. Bling, a successful jeweler. Because Attorney OMG is tied up in court, she has asked her star paralegals, Olivia and Elliott, to handle the initial interview and start the client intake process. Please assess the actions of Olivia and Elliott, and discuss whether they are committing UPL (unauthorized practice of law) or providing good paralegal services (GPS). Copyright Megan Gallagher, Esq. 2011

 Mrs. Bling arrives at the Law Offices of OMG, Esq., where she is shown into a meeting room by Olivia and Elliott.  Olivia says: “I’m a new paralegal here, and I will be assisting Elliott in conducting our first interview with you.”  Elliott says: “That’s right, Mrs. Bling, and we’ll do everything we can to see that you get a more than adequate divorce settlement.”  UPL or GPS? Who?  Mrs. Bling arrives at the Law Offices of OMG, Esq., where she is shown into a meeting room by Olivia and Elliott.  Olivia says: “I’m a new paralegal here, and I will be assisting Elliott in conducting our first interview with you.”  Elliott says: “That’s right, Mrs. Bling, and we’ll do everything we can to see that you get a more than adequate divorce settlement.”  UPL or GPS? Who? Copyright Megan Gallagher, Esq. 2011

 Olivia disclosed that she was a paralegal.  Elliott did not, and he even implied that he was in charge, possibly holding himself out as an attorney – at least there’s a clear opportunity for a misunderstanding.  Olivia disclosed that she was a paralegal.  Elliott did not, and he even implied that he was in charge, possibly holding himself out as an attorney – at least there’s a clear opportunity for a misunderstanding. Copyright Megan Gallagher, Esq. 2011

 Elliott then grabs a pen and begins to ask questions of Mrs. Bling, such as her name, address, phone number, opposing counsel’s name and address. He then makes note on the intake form of additional actions that will be required, follow-up, etc. Then he places the form in Attorney OMG’s office mail box.  UPL or GPS?  Elliott then grabs a pen and begins to ask questions of Mrs. Bling, such as her name, address, phone number, opposing counsel’s name and address. He then makes note on the intake form of additional actions that will be required, follow-up, etc. Then he places the form in Attorney OMG’s office mail box.  UPL or GPS? Copyright Megan Gallagher, Esq. 2011

 No problem here. Paralegals often conduct the initial client interview and complete forms for the firm database. Copyright Megan Gallagher, Esq. 2011

 While Elliott is brewing another pot of coffee, Olivia pulls out her lap top and asks Mrs. Bling for additional information, including the facts of the case:  “How long have you been married? Do you think he has any hidden assets? What kind of settlement do you want? What’s the most valuable asset that you own?”  UPL or GPS?  While Elliott is brewing another pot of coffee, Olivia pulls out her lap top and asks Mrs. Bling for additional information, including the facts of the case:  “How long have you been married? Do you think he has any hidden assets? What kind of settlement do you want? What’s the most valuable asset that you own?”  UPL or GPS? Copyright Megan Gallagher, Esq. 2011

 It is alright for a paralegal to ask about the facts of the case. There may be some gray area if the paralegal begins to imply that certain facts are good or bad news, but taking down “just the facts” is not UPL, it’s good paralegal service. Copyright Megan Gallagher, Esq. 2011

 Elliott comes back with coffee, and he and Olivia listen as Mrs. Bling sadly recounts the destruction of her marriage.  Tearfully, Mrs. Bling says, is so callous, I hope he doesn’t get joint custody of our kids – he’ll ruin them!!”  Olivia takes notes about how Mrs. Bling wants sole custody, and as she types, she mumbles to herself: “Dig up dirt on Mr. Bling’s anger issues to convince court; Mrs. Bling should file a restraining order.”  Elliott comes back with coffee, and he and Olivia listen as Mrs. Bling sadly recounts the destruction of her marriage.  Tearfully, Mrs. Bling says, is so callous, I hope he doesn’t get joint custody of our kids – he’ll ruin them!!”  Olivia takes notes about how Mrs. Bling wants sole custody, and as she types, she mumbles to herself: “Dig up dirt on Mr. Bling’s anger issues to convince court; Mrs. Bling should file a restraining order.” Copyright Megan Gallagher, Esq. 2011

 Olivia has basically advised the client to file a restraining order, a legal action. If her mumble was audible (and why mumble at all?) then it is an instance of the Unauthorized Practice of Law. Copyright Megan Gallagher, Esq. 2011

 Elliott says, “Mrs. Bling, I am very sorry that this is so hard for you – I know it’s painful. We want to help you however we can.”  Mrs. Bling replies “Oh this business is so ugly, and I’m running out of money. husband of mine has cut me off and closed the accounts. I don’t even know how I’m going to pay Attorney OMG!”  Olivia puts her hand on Mrs. Bling’s shoulder and says, “Hey, don’t worry about it, we can take your case on a contingency fee, so you don’t need to make any up-front payments.”  Elliott says, “Mrs. Bling, I am very sorry that this is so hard for you – I know it’s painful. We want to help you however we can.”  Mrs. Bling replies “Oh this business is so ugly, and I’m running out of money. husband of mine has cut me off and closed the accounts. I don’t even know how I’m going to pay Attorney OMG!”  Olivia puts her hand on Mrs. Bling’s shoulder and says, “Hey, don’t worry about it, we can take your case on a contingency fee, so you don’t need to make any up-front payments.” Copyright Megan Gallagher, Esq. 2011

 A paralegal may not set fees – that is within the purview of the Attorney’s duties.  Olivia could have said that there are many options and that she’d discuss it with Attorney OMG and have Attorney OMG give Mrs. Bling a call. She cannot offer the contingency fee or have Mrs. Bling sign a fee agreement.  A paralegal may not set fees – that is within the purview of the Attorney’s duties.  Olivia could have said that there are many options and that she’d discuss it with Attorney OMG and have Attorney OMG give Mrs. Bling a call. She cannot offer the contingency fee or have Mrs. Bling sign a fee agreement. Copyright Megan Gallagher, Esq. 2011

 Elliott says: “Mrs. Bling, before you go, let’s get the ball rolling. I’ll just grab a form to request all of his financial records, and you can take it to the bank with you today. Then we can hopefully stop him from hiding all of the marital assets. If you go right away, maybe a sympathetic bank manager can even put some of the money back in your account.” Copyright Megan Gallagher, Esq. 2011

 A paralegal cannot recommend forms for the client to fill out. A paralegal can often assist the client in filling out forms that the client has selected; know the UPL laws in your jurisdiction. Copyright Megan Gallagher, Esq. 2011

 Mrs. Bling says “Thank you both for all of your help. I’m feeling better already. It’s a relief to have competent legal representation. It’s sad, but now it’s over and I have to protect myself.”  Olivia says: “I know, and we’re sorry for your stress. Attorney OMG has a great record in court, so no need to worry – we’ll take care of you!”  Is recommending Attorney OMG legal advice?  Mrs. Bling says “Thank you both for all of your help. I’m feeling better already. It’s a relief to have competent legal representation. It’s sad, but now it’s over and I have to protect myself.”  Olivia says: “I know, and we’re sorry for your stress. Attorney OMG has a great record in court, so no need to worry – we’ll take care of you!”  Is recommending Attorney OMG legal advice? Copyright Megan Gallagher, Esq. 2011

 This is one of those areas where you might think twice, but stating that the supervising attorney’s abilities are good (i.e., competent) is not giving legal advice. It is natural for a paralegal to reassure a client, as long as no promises are made about recovery, result, etc. Copyright Megan Gallagher, Esq. 2011