Chapter 6 - Law Office Ethics & Etiquette

6.5

Legal Representation

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  • Cartoon of man saying to woman, I took a course in ethics, but everything was contradicted by the course I took in accounting.

    INTRODUCTION

    Paralegals generally may not represent clients in court, but there are some exceptions that should be discussed.

    Administrative hearings (see Lecture Notes below) are one example. Another example includes small claims courts, which in some cases allow for paralegal (non-lawyer) representation.

    Lecture Notes . . .

    Legal Representation
    There is at least one interesting contradiction to the prohibition against a paralegal's providing legal advice or representing a client. Consider administrative representation. Most administrative agencies, such as Social Security, allow for paralegal representation. Well, if a paralegal is allowed to represent a client in an agency hearing, it will be necessary to interpret the rules of the agency for that client. Agency rules are law. Thus, the paralegal may (legally) give legal advice and represent as to the administrative rules and hearings.

    But remember, this is an exception to the broader rule.