NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeHard
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 subpoena they received. The paralegal briefly explains the general process of responding to a subpoena and advises the friend on which sections of the subpoena form to fill out. Which ethical rule is most likely violated by the paralegal's actions?
- AUnauthorized Practice of Law (UPL)
- BDuty of Diligence
- CClient Confidentiality
- DDuty of Competence
Show answer & explanationAnswer & explanation
Correct answer: A. Unauthorized Practice of Law (UPL)
Even though the paralegal is knowledgeable and the advice seems general, providing guidance on how to respond to a legal document like a subpoena, even to a friend, constitutes giving legal advice. This is explicitly prohibited for paralegals as it falls under the Unauthorized Practice of Law (UPL), as it provides specific direction on a legal matter without attorney supervision.
Why the other options are wrong
- B. Diligence relates to thoroughness in client work, not providing external advice.
- C. No attorney-client relationship exists, so client confidentiality is not directly at play here.
- D. The paralegal is proficient, so competence is not the primary issue.
Scope of Paralegal Practice (UPL)
The boundaries defining what legal tasks a paralegal can perform. These generally include substantive legal work under attorney supervision but strictly exclude giving legal advice, representing clients, or setting fees.
- Paralegals cannot give legal advice, even to friends.
- Any legal guidance must be under attorney supervision.
- UPL can occur even if the advice is correct.
Memory trick: ADVISING on a legal FORM, even for a FRIEND, is a UPL STORM.