Maryland | Legal Ethics
Legal Question
Paralegal restrictions
Under what circumstances should a paralegal decline to accept an assignment to conduct an interview or investigation? Why?
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Legal Answer
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Read More Answered By: G. Joseph Holthaus III |
Re: Paralegal restrictions Not having a factual basis it is difficult to respond to your inquiry. My response assumes there are no employment issues.
A general approach is that a paralegal can conduct inquiry-based interaction with a client where the attorney has a suitable practice system in place to guide the paralegal's inquiry. The paralegal should document the client responses, noting legal matters and exceptions requiring an attorney's attention. The paralegal's summary or notations upon the forms as used by the practice inform the attorney as to matters of follow up. Further matters beyond the structure of the inquiry should be guided by the attorney upon review of the records prepared by the paralegal.
This generalized approach applies to client intake. In some cases, particular questions resulting in follow up from the intake should be handled by an attorney, but this would depend on the practice and level of complexity with the client's case.
If you are asking this question because you are in a paralegal training program, I am available to respond to a structured phone interview upon approval of your instructor. |
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