What Cases Can Paralegals Represent Today?
What cases can paralegals represent is a question often asked by both legal assistants and the public at large. Hiring an attorney can be expensive, and as such, many people and companies are turning to legal assistants for help. But, exactly, what cases can paralegals represent comes into question. Let's take a look at this question and see if we can come up with some answers.
What Cases Can Paralegals Represent: Criminal Cases?
No. Legal assistants are forbidden from acting as attorneys in criminal cases. They are allowed to assist their supervising attorney in preparing the case, but they may not stand in front of the court as the defendant's attorney.
What Cases Can Paralegals Represent: Civil Cases?
In most states, legal assistants are not allowed to stand in as attorneys in civil cases. It is important to understand that under the heading what cases can paralegals represent we are talking about standing in court as the presiding attorney. This is almost never allowed. However, under the same heading of what cases can paralegals represent it should be understood that legal assistants can, and do, assist the attorney they work for in a variety of ways.
What Cases Can Paralegals Represent: Property Transactions?
There are times when the legal assistant may sit on a real estate transaction. This can happen in closings, for example, where the legal assistant makes sure all the paperwork is present for the event to take place. Under the topic of what cases can paralegals represent, the legal assistant, in these circumstances, is not acting as an attorney but only as an assistant.
What Cases Can Paralegals Represent: Family Court?
The legal assistant may do a lot of the work involved in a family court proceeding but, again, does not appear before the court as an attorney. The legal assistant may interview clients and witnesses, may draft up preliminary documents, and may assist the attorney during the process in many other ways, but is not allowed to stand before the judge on behalf of the client.
What Cases Can Paralegals Represent: Administrative Court?
In a very few states, legal assistants are still allowed to stand before the court in administrative proceedings. This is the exception, however, and not the rule, and with time this, too, will most likely end.
What Cases Can Paralegals Represent: Document Preparation?
Legal assistants often draft up legal documents. These can include wills, partnership agreements, contracts, and child custody agreements. However, they are not allowed to sign the paperwork on behalf of an attorney, even when they have the lawyer's permission to do so. They are only allowed to draft the document and to pass it on to a licensed lawyer who must review the document and either accept it, reject it, or return it for corrections. Only a licensed attorney can sign off on these documents, if such signature is required by law.
When you consider the topic what cases can paralegals represent it is important to remember that only a licensed attorney can present himself as an attorney. The answer to the question of what cases can paralegals represent is to say none. This is not to imply that the legal assistant is not an integral and important part of the process; far from it. But, they may not practice law, in this sense, without a license. Doing so can result in severe penalties, including jail time.
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