NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeEasy
A seasoned paralegal, highly proficient in legal research, is asked by a close friend (who is not a client of the firm) for advice on how to respond to a small claims court summons they just received. The friend is anxious and trusts the paralegal's judgment. What is the paralegal's most appropriate ethical response?
- APolitely explain that, as a paralegal, they cannot provide legal advice and recommend the friend consult with an attorney.
- BProvide general information about small claims court procedures, but avoid offering specific advice on the friend's case.
- CSuggest some legal research databases the friend could use to find information themselves.
- DOffer to review the summons and draft a response, as it's a simple small claims matter.
Show answer & explanationAnswer & explanation
Correct answer: A. Politely explain that, as a paralegal, they cannot provide legal advice and recommend the friend consult with an attorney.
Providing legal advice or drafting a response for a friend constitutes the unauthorized practice of law (UPL), regardless of the simplicity of the matter or the paralegal's expertise. A paralegal's ethical obligation is to refrain from UPL and direct individuals to licensed attorneys.
Why the other options are wrong
- B. Even 'general information' can be construed as legal advice if applied to a specific situation, risking UPL.
- C. Suggesting research databases might seem helpful, but it still doesn't address the friend's need for legal advice and could indirectly lead to UPL if the paralegal guides the research or interpretation.
- D. This is a clear instance of UPL; paralegals cannot represent clients or draft legal documents for others independently.
Unauthorized Practice of Law (UPL)
The Unauthorized Practice of Law (UPL) occurs when a non-attorney performs activities reserved for licensed attorneys, such as giving legal advice, representing clients in court, or drafting legal documents without attorney supervision.
- Paralegals cannot give legal advice.
- Paralegals cannot represent clients.
- Paralegals cannot set legal fees.
- All paralegal work must be supervised by an attorney.
Memory trick: Friends or foes, legal advice is an attorney's role.