|

Non-delegable legal tasks, C2S35 CPRA

Section 35, Canon II SECTION 35. Non-delegable legal tasks. - A lawyer shall not delegate to or permit a non-lawyer, including a paralegal, to: (a) accept cases on behalf of the lawyer; (b) give legal advice or opinion; (c) act independently without the lawyer's supervision or direction; (d) to hold himself or herself out as a lawyer, or be named in association with a lawyer in any pleading or submission to any court, tribunal, or other government agency; (e) appear in any court, tribunal, or other government agency, or actively participate in formal legal proceedings on behalf of a client, except when allowed by the law or rules; (f) conduct negotiations with third parties unless allowed in administrative agencies, without a lawyer's supervision or direction; (g) sign correspondence containing a legal opinion; and (h) perform any of the duties that only lawyers may undertake. These provisions shall not apply to law student practitioners under Rule 138-A of the Rules of Court. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Non-delegable legal tasks Under this section, lawyers are prohibited from delegating to or permitting a non-lawyer, including a paralegal, to: 1) Accept cases on behalf of the lawyer; 2) Give legal advice or opinion; 3) Act independently without the lawyer's supervision or direction; 4) To hold himself or herself out as a lawyer, or be named in association with a lawyer in any pleading or submission to any court, tribunal, or other...

Log in / Sign Up to access content.