What are My Duties?

 

        

        One of the most important things at any job is to have a clear understanding of what your duties are.  Difficulties can arise as a paralegal as, at times, there is a fine line between what your duties are versus that of the attorney.  So let's be honest - sometimes judgment calls will need to be made.  

        As paralegals we get to know files and clients to the same extent as the attorneys we work for. Many times we are the front lines, taking the difficult phone calls from clients and opposing counsel in an effort to triage calls.  We find ourselves updating financial affidavits, reviewing discovery production, preparing motions and requests, and much more.  

        If you've worked for more than one firm during your career, I likely don't have to tell you how your duties can vary significantly with respect to administrative work.  Some of us are transcribing dictation, scheduling appointments and proof-reading documents - in addition to reviewing production and even attending meetings with attorneys and clients. 

      Ultimately, the question of what our duties are isn't black and white however, we can establish what is not part of our job duties. 

        Paralegals cannot: 

        ~ Accept cases - Although we may be asked periodically to complete an initial screening of clients, and at times we know our firm cannot accept a case for one reason or another (such as scheduling), we absolutely cannot accept a case.  Only the attorney or firm can do so. The attorney or firm will also decide on the initial retainer and determine the scope of representation. 

        ~ Represent Clients in Court - Some attorneys request their paralegal be present in court to take notes and keep exhibits organized.  Despite our ability to assist in the courtroom, we absolutely cannot represent a client in any way.  For example, if negotiation discussions are started, and our attorney is not present, we must not participate in discussions or make any representation as to what is or isn't in our client's best interest.

        ~ Give legal advice -  There will be many times that we may know the answer.  It may seem pretty straight forward.  But we can't give legal advice.  We need to always defer to the attorney handling the case!

If you are not already familiar with them, NALA has a list you can refer to, more or less a "code of ethics" for legal assistants or paralegals.  They are as follows and can be reviewed at on their website . 

Canon 1 - A paralegal must not perform any of the duties that attorneys only may perform nor take any actions that attorneys may not take.

Canon 2 - A paralegal may perform any task which is properly delegated and supervised by an attorney, as long as the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product.

Canon 3 - A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; and (b) establish attorney-client relationships, set fees, give legal opinions or advice or represent a client before a court or agency unless so authorized by that court or agency; and (c) engage in conduct or take any action which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety.

Canon 4 - A paralegal must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. The services of an attorney are essential in the public interest whenever such legal judgment is required.

Canon 5 - A paralegal must disclose his or her status as a paralegal at the outset of any professional relationship with a client, attorney, a court or administrative agency or personnel thereof, or a member of the general public. A paralegal must act prudently in determining the extent to which a client may be assisted without the presence of an attorney.

Canon 6 - A paralegal must strive to maintain integrity and a high degree of competency through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law to better assist the legal profession in fulfilling its duty to provide legal service.

Canon 7 - A paralegal must protect the confidences of a client and must not violate any rule or statute now in effect or hereafter enacted controlling the doctrine of privileged communications between a client and an attorney.

Canon 8 - A paralegal must disclose to his or her employer or prospective employer any pre-existing client or personal relationship that may conflict with the interests of the employer or prospective employer and/or their clients.

Canon 9 - A paralegal must do all other things incidental, necessary, or expedient for the attainment of the ethics and responsibilities as defined by statute or rule of court.

Canon 10 - A paralegal's conduct is guided by bar associations' codes of professional responsibility and rules of professional conduct.

     When in doubt, talk to your attorney.  Err on the side of caution and let a client (or potential client) know you need to discuss the issue with the attorney and either you or the attorney will be in touch with them.  Even client's who want an answer immediately will ultimately be happier receiving an accurate response.  You never want to leave a client wondering if the advice they are paying for is correct, or if they should anticipate later follow-up with "corrected" advice.