Your supervising attorney is going on vacation and asks you to attend a hearing on a motion to value collateral in a Chapter 13 case where the debtor is attempting to cramdown his or her car loan. What do you say to him or her? Explain your answer

Question

What will be an ideal response?

Answer 1

Bankruptcy paralegals cannot appear in court to represent clients. They may, however, accompany the attorney and the client to court to provide assistance to the attorney. Paralegals cannot represent clients at 341 hearings, nor any other hearing for that matter, because it is considered the unauthorized practice of law. Accompanying a bankruptcy client at court goes beyond the mere sharing of information with the client. A bankruptcy paralegal who represents a client at a court hearing will be asking questions of the client and that action would rise to the level of legal representation. Various decisions must be made in the course of representing bankruptcy clients that require some degree of legal interpretation and advice. Although a bankruptcy paralegal may assist the attorney in performing numerous functions, the interpretation of bankruptcy law as it applies to clients is the job of the attorney. If asked to do anything even remotely resembling the practice of law, the bankruptcy paralegal should refuse to do so. If the attorney doesn't like it, too bad. Jobs are easier to replace than careers.