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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

During a civil action, a law firm uses a paralegal to prepare a proposed consent judgment, including a memorandum analyzing the legal theories supporting the settlement and the enforceability of the release. The paralegal signs the document as 'Preparer' and files it with the trial court under the supervising attorney's name on the cover; the supervising attorney reviews the submission but does not sign; later the attorney appears in court to seek court approval of the consent judgment. The client sues the paralegal for unauthorized practice of law. Under CPRA Canon II, Secs. 34-35, which of the following is the most accurate assessment?

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The firm can avoid liability by having the paralegal disclaim the work as non-legal and ensure the attorney signs and personally handles the filing; disclaimers alone cure UPL concerns. The paralegal’s drafting of the proposed consent judgment, the accompanying memorandum analyzing legal theories, and filing the papers under the supervising attorney’s name on the cover, all by a non-attorney, constitutes unauthorized practice of law; the paralegal and supervising attorney may be liable for UPL, and the firm should implement safeguards requiring attorneys to draft and sign pleadings. Paralegals may assist in settlement work and analyze legal theories if the attorney supervises and signs; the paralegal’s signature as 'Preparer' is not dispositive and the acts are allowed. Only a disciplinary action by the Supreme Court or the Integrated Bar can address unauthorized practice; civil damages are not available for UPL in this context.

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