1.
How does this court define "the practice of law"?
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It includes “legal advice and counsel, and the preparation of legal instuments and
contracts by which legal rights are secured.”
2.
What is the standard or duty of care that this court imposes on a paralegal who does not
have a supervising attorney?
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Mullen was held to an attorneys standard of care which is that degree of care, skill,
diligence and knowledge commonly possessed and exercised by a reasonable, careful and
prudent lawyer in the practice of law.
3.
What action does this court suggest that a paralegal take when it becomes clear that there
is no supervising attorney?
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Mullen had to have notified the plaintiffs of :
1) the serious problems concerning the
accessibility of their files to persons who had no right to see them, (2) the fact that client
settlements were not processed through an attorney's trust account, but rather
McClellan's own account, (3) the fact that McClellan and AMI, as non-lawyers, had no
right to enter into contingent fee agreements with clients and receive contingent fees, (4)
the fact that McClellan was, in fact, engaged in the unlawful practice of law, and that,
generally, (5) the clients of McClellan and AMI were at substantial risk of financial harm
as a result of their association with AMI. Mullen breached her duty to her clients in all of
these particulars.
4.
Why should a paralegal contact the supervising attorney immediately upon being
given a case to handle?
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Because by law, a paralegal is only to work under an attorney’s supervision. If there is no
attorney supervising a paralegal, the paralegal cannot work on cases.
