Week 4 Objective Legal Writing and Client Communication
Hypothetical Example of Unauthorized Practice of Law
Ms. Jones came in and asked to retain the services of Rozich Law Firm. Ms. Smith who is the paralegal for said firm told her that she would be more than happy to help her do so. Ms. Smith prepared her retainer paperwork and assisted her in signing said paperwork without the supervision of Attorney Rozich. This is a clear case of a paralegal engaging in the unauthorized practice of law.
Hypothetical Example of Communicating with a Client in an Unprofessional
Manner
When Ms. Smith sent an e-mail to Ms. Jones regarding her case, Ms. Smith did not professionally address her, she used inappropriate language, and the tone of the email came off as disrespectful. This could indicate to Ms. Jones that the law firm did not take their client's cases
seriously and they were unprofessional.
Potential Negative Impacts and Ways A Paralegal Could Avoid These Hypothetical Situations
When a paralegal engages in the above-mentioned hypothetical examples of unauthorized practices of law and examples of unprofessional behavior, then they, along with the firm they are working for and their supervising attorney, can face serious consequences. The consequences they could face can be ethics violations, disciplinary actions, fines, and/or malpractice claims. To
avoid such situations and the consequences that come along with them it is advisable for a paralegal to first of all always disclose their paralegal status to clients upfront during their initial interaction with a client and include their paralegal title in all written communications, make sure
that an attorney supervises all their legal work no matter what it is, and always use professional language in all communications with clients whether it is verbal or written.
