NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeMedium
During a client intake interview, a potential client expresses concern about the high cost of legal services and asks the paralegal if they would be willing to handle their simple divorce case directly, for a reduced fee, without the attorney's involvement, as they believe the paralegal seems very knowledgeable. What is the paralegal's primary ethical obligation in this situation?
- AInform the client that this would constitute the unauthorized practice of law and is illegal.
- BSuggest the client seek legal aid services if cost is a significant barrier.
- CPolitely decline, explaining that paralegals cannot accept cases or represent clients.
- DOffer to discuss payment plans or alternative fee arrangements with the supervising attorney.
Show answer & explanationAnswer & explanation
Correct answer: C. Politely decline, explaining that paralegals cannot accept cases or represent clients.
A paralegal cannot accept cases, set fees, or represent clients. Doing so would constitute the unauthorized practice of law (UPL). The primary ethical obligation is to firmly decline the request and clarify the boundaries of a paralegal's role.
Why the other options are wrong
- A. While true, stating it's 'illegal' might be overly aggressive; politely explaining the professional limitation is more appropriate for a paralegal.
- B. Suggesting legal aid is a potential next step for the client, but it doesn't directly address the paralegal's immediate ethical obligation regarding the UPL request.
- D. While offering payment plan discussions is good practice for a legitimate case, it doesn't address the UPL aspect of the client's request.
UPL & Client Requests
Paralegals must never accept cases, set fees, or represent clients, even if requested directly by a client. Such actions constitute the Unauthorized Practice of Law (UPL).
- Paralegals work under attorney supervision.
- Cannot provide legal advice or services independently.
- Must politely decline requests that lead to UPL.
Memory trick: No Attorney, No Case, No Fee, No Paralegal's Free.