NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeEasy
A paralegal is preparing a presentation for a community legal aid clinic on common landlord-tenant issues. The supervising attorney has reviewed the content, but during the presentation, an attendee asks for specific advice on how to evict a problematic tenant. What is the paralegal's most appropriate response?
- AProvide a general overview of eviction procedures, emphasizing that this is for informational purposes only.
- BOffer to draft an eviction notice for the attendee, provided it is reviewed by the supervising attorney.
- CExplain the step-by-step eviction process, citing relevant state statutes.
- DRefer the attendee to the supervising attorney or another qualified attorney for specific legal advice.
Show answer & explanationAnswer & explanation
Correct answer: D. Refer the attendee to the supervising attorney or another qualified attorney for specific legal advice.
Paralegals are prohibited from providing legal advice. When faced with a request for specific legal advice, the paralegal must always refer the individual to an attorney to avoid engaging in the unauthorized practice of law.
Why the other options are wrong
- A. While providing a general overview might seem appropriate, discussing procedures in response to a specific request for advice can still be construed as UPL if not carefully managed and explicitly disclaimed.
- B. Drafting any legal document for a client without direct attorney supervision and without the attorney providing the legal advice is UPL, even with eventual attorney review.
- C. Explaining step-by-step processes and citing statutes in response to a request for specific advice constitutes providing legal advice, which is UPL for a paralegal.
Unauthorized Practice of Law (UPL) - Paralegal Communication
Paralegals must never provide legal advice, represent clients in court, or establish attorney-client relationships. All legal advice and client representation must come from a licensed attorney.
- Paralegals cannot give legal advice.
- Paralegals cannot set legal fees.
- Paralegals must work under the supervision of an attorney.
Memory trick: Don't Give Legal Advice, Refer to the Pros, Keep Yourself Nice!