Q: Hello, I would like to know if a paralegal is allowed to draft legal documents for a client?
Suppose that I lawyer is on the phone with a client. Then he goes up to the paralegal and tells him or her to call the client back and draft any legal documents the client wants. What should the paralegal do? Is the paralegal allowed to draft any legal documents at the client's discretion after being told by the attorney to do it? Is there any case law to support this practice? Is there a rule or statute that backs it up?
A: Paralegals may not “[s]elect, explain, draft, or recommend the use of any legal document” to anyone other than their supervising attorneys. Business & Professions Code § 6450(b)(3). While paralegals can perform “substantial legal work,” they must do so “under the direction and supervision” of a licensed attorney. Id. § 6450(a).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
