NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeEasy
A paralegal is tasked with drafting a complaint for a civil litigation case. Which of the following tasks is the paralegal explicitly prohibited from performing as part of this process?
- AConducting legal research to identify relevant statutes and case precedents.
- BInterviewing the client to gather factual information for the complaint.
- COrganizing and summarizing discovery documents for attorney review.
- DAdvising the client on the probability of success for their claim.
Show answer & explanationAnswer & explanation
Correct answer: D. Advising the client on the probability of success for their claim.
Paralegals are prohibited from engaging in the unauthorized practice of law, which includes providing legal advice or counseling clients on the merits of their case. This responsibility falls solely to a licensed attorney.
Why the other options are wrong
- A. Conducting legal research is a permissible and common paralegal duty.
- B. Interviewing clients to gather facts is a standard and ethical paralegal task.
- C. Organizing and summarizing documents for attorney review is a routine and appropriate paralegal function.
Unauthorized Practice of Law (UPL)
The performance of actions that only a licensed attorney is legally permitted to undertake, such as giving legal advice, representing clients in court, or setting legal fees.
- Paralegals cannot provide legal advice.
- Paralegals cannot represent clients in court.
- Paralegals must always work under the supervision of an attorney.
Memory trick: No ADVICE, No COURT, No FEES for a paralegal to keep it clean.