Many people who contact a law firm for legal assistance will find out that they’re going to work a lot with a paralegal. While paralegals play an important role in the legal system, their work is much different from that of licensed attorneys. Each state sets its own laws and rules about what paralegals are allowed to do.
In California, paralegals are permitted to handle many behind-the-scenes tasks that support the case and help the lawyer to work efficiently. They must be supervised by a licensed attorney at all times.
What is a paralegal allowed to do?
California law allows paralegals to carry out a wide range of substantive tasks. They’re allowed to conduct legal research, organize and summarize documents, draft pleadings, handle discovery and prepare case files. They can also interview witnesses and clients. However, the supervising attorney must remain responsible for all case strategy and legal advice.
What are the limitations of paralegals?
Paralegals in California can’t represent clients in court, set legal fees or provide legal advice. They can’t advertise their services directly to the public because that makes it seem like they’re independent legal providers. The limitations that are set for paralegals strike a balance between efficiency and protection. Allowing them to handle research and drafting keeps legal services more cost-effective, which is beneficial to the clients. The restrictions ensure that only licensed legal professionals are giving advice or representing clients.
When paralegals are allowed to overstep their abilities, there is a chance that a legal malpractice lawsuit will occur. Anyone who is part of a legal malpractice lawsuit should have proper legal representation to ensure that their rights are respected throughout the process.