Before we answer this particular question it\’s important that we first define exactly what a paralegal is.
Who Are Paralegals?
By definition a paralegal, or legal assistant, is a person who is qualified to perform specific legal tasks, thanks to their education or work experience, and performs these duties with the approval of the court authorities. A paralegal is basically there to help law firms provide their clients with a more efficient and cost effective service.
A paralegal is not, however, fully qualified as a lawyer in the eyes of the courts of the United States, so relying on a paralegal to represent you in court is not only a bad idea, but it\’s also illegal. Remember that the role of the paralegal is a support role where they provide you with assistance completing legal forms, but not actually tell you what to include on the form itself, for example. They\’re also prohibited from providing you with any kind of legal advice on any matter too.
So the answer to the above question a paralegal, or legal document service provider, cannot represent you in court.
Why Do People Consider Paralegal Representation?
Why would people even consider having a paralegal represent them in the first place? The most common answer to this question is that it\’s because hiring a paralegal is cheaper than hiring an attorney, if you\’re looking solely at the financial impact of paying for professional legal services. People who are considering filing for bankruptcy will tend to look to a paralegal first, hoping to save themselves as much money as possible. However even the short term financial benefit of actually getting a legal assistant to represent you in court will be far outweighed by the legal mistakes made afterwards – bankruptcy filings and hearings being a perfect example of this.
Confidentiality
As you\’re no doubt aware all lawyers are bound by attorney-client privilege, which prevents them from discussing your legal or financial standing with anyone else. Whatever you discuss with a fully trained lawyer is entire confidential, but paralegals are not bound by that same moral and legal code except through personal choice. The legal firm or authority the paralegal is working for is obliged to ensure that any legal assistant\’s conduct is entirely professional in every manner, but that simply cannot be guaranteed, as is proven by the fact that some paralegals take it upon themselves to represent \”clients\” in a court of law.
Specific Skills
It\’s also worth remembering that a paralegal is usually trained in one specific area of the law, so does not have the legal knowledge or acumen to simply represent any given case brought to their attention. So, for example, a paralegal who is qualified to deal with the administrative tasks involved in real estate cases would be woefully unprepared to deal with a bankruptcy case. In a properly run law firm a paralegal is supervised in everything they do, preventing them from getting involved in any area of a legal case in which they lack the training, knowledge and experience to bring that case forward to the courts.
1. A paralegal cannot establish the attorney-client relationship.
2. Paralegals are not bound by attorney-client privilege.
3. A paralegal cannot, under law, give you legal advice.
4. A paralegal can never appear in court on behalf of a client.
If a paralegal chooses to ignore the above it can lead to them being charged with a misdemeanor, plus they can also be subject to civil penalties for the same offense. A lawyer who doesn\’t properly supervise a paralegal, can face similar penalties, including disbarment.