Legal Question in Legal Ethics in California

Hello; I recently had to file a chapter13 bankruptcy, I filed through a paralegal who works with her brother and another guy who are lawyers. I am now trying to get my home loan remodified. The none profit group that i am working with needs permission to speak with my lender from them. she says they can`t give them permission to speak to my linder on my behalf. i asked to speak to one of the lawyers to find out why. she would`nt let me speak to one.the funny thing is the lawyer i wanted to speak to had written a letter for my friend to give permission for the same group to talk with her linder.what can i do about this paralegal who is denying me real help after they took my money


Asked on 4/27/10, 9:31 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I would suggest you consult with a licensed attorney to help you with both your home loan and any issues with the paralegal.

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Answered on 5/02/10, 10:56 pm
Anthony Roach Law Office of Anthony A. Roach

Your question is confusingly worded. You need to determine whether you have an attorney or not. In California, a paralegal is prohibited from giving legal advice and assistance unless they do so under the direct supervision of a licensed attorney. Anything else is the unauthorized practice of law. From your question, I cannot tell whether you received supervised or unsupervised assistance, and are listed as representing yourself on the papers, or you are actually represented by the attorneys that your paralegal works for.

Assuming that you are actually represented by the attorneys, you need to understand that in California, an attorney is ethically prohibited from speaking to an opposing client that the attorney knows is represented by counsel. "While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer." (Cal. Rules of Prof. Conduct, rule 2-100.) If you are trying to speak to the lender's attorney, I would not let you do it either, if I were your attorney.

I can't tell from reading your question whether you are not being allowed to speak to the other attorneys, by your attorney, as relayed to you by the paralegal, or whether the paralegal is not allowing you to speak to your own attorneys. If you are not being allowed to speak to your attorneys, you might not have any attorneys at all, and are being scammed by an unsupervised paralegal who is "moonlighting."

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Answered on 5/03/10, 9:50 am


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