As Parrots are to Eagles, so are Lawyers to Paralegals

1. Introduction
   1. This paper will discuss the working relationship of attorneys and paralegals. Specifically, discussing ethical considerations; how attorneys can effectively utilize paralegals; the duties and roles paralegals play in a lawyer-client relationship; how to form an effective lawyer-paralegal partnership; and why that partnership is important to a successful law practice.
2. Ethical Considerations
   1. Parrots: Eagles such as Lawyers: Paralegals
      1. The analogy references the mandatory, heavily regulated attorney verses the voluntary, largely unregulated paralegal[1]. Attorneys are like caged birds, such that paralegals are like free birds. Often they do very similar things, but there is a lot of contrast in what they can and cannot do.
      2. Attorneys are heavily regulated by a Professional Code of Conduct promulgated by courts, legislatures, or governmental agencies. If an attorney violates a rule, the consequences could result in disbarment. Paralegals are not directly subject to a professional code of conduct; however, as a member of a paralegal professional organization, a paralegal may have voluntarily agreed to follow the ethical codes of those organizations. The difference is that if a paralegal violates an ethical rule of those organizations the worse that will happen is they lose membership in that organization and/or a certification. A paralegal may also lose their job, but they can always apply for another paralegal position. It is very different for attorneys. Attorneys cannot apply for another position if they are disbarred. Attorneys have to find another profession.[2]

• Moreover, because paralegals lack a mandatory professional code of conduct, but yet still perform substantive legal work, attorneys are held responsible for any ethical violation committed by their employees. Accordingly, the Model Rules of Professional Conduct, Rule 5.3, in pertinent part notes that lawyers are responsible for the ethical conduct of the paralegals they employ. Transgression by a paralegal may subject the lawyer to professional discipline.[3]

1. This is one reason why the relationship between a lawyer and a paralegal is so important. A paralegal’s professional conduct has a direct effect on a lawyer’s professional conduct. It is a symbiotic relationship. Attorneys need paralegals to help them manage cases, keep clients informed, and perform other substantive work, and paralegals need attorneys to delegate substantive legal responsibilities. To do this effectively and without reservations, lawyers must know that a paralegal is not a professional liability. It is paramount that a paralegal to be competent and ethical.

• What Paralegals Do?
  1. General
     1. Paralegals perform substantive legal work.
     2. The ABA Model Guidelines for the Utilization of Paralegal Services sets out a list of approved substantive legal work, but generally a paralegal can perform many tasks normally performed by a lawyer, as long as the appropriate lawyer supervision is maintained.[4]

The lists of tasks can be state specific. In Texas, paralegals can perform the following substantive legal work: conducting client interviews and maintaining general contact with the client; locating and interviewing witnesses; conducting investigations and statistical and documentary research; drafting

[1] ABA defines paralegal as a paralegal is a person, qualified through various combinations of education, training, or work experience, who is employed or engaged by a lawyer, law office, governmental agency, or other entity in a capacity or function which involves the performance, under the ultimate direction and supervision of a licensed attorney, of specifically delegated substantive legal work, which work, for the most part, requires a sufficient knowledge of legal principles and procedures that, absent such person, an attorney would be required to perform the task.

[2] See ABA Standing Committee on Paralegals – Lawyer’s Page at http://abanet.org/legalservices/paralegals/lawyers.html.

[3] See Model Rules of Professional Conduct, Rule 5.3.

[4] The Board of Directors of the State Bar of Texas approved the “ABA Model Guidelines for the Utilization of Paralegal Services” in May 1993.

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