Explain categories of conduct that legal assistants cannot do, at least on their own.
What will be an ideal response?
a. Representing someone else in court. Legal assistants may not represent others in court
proceedings, even if a lawyer is “in charge” of the advocacy. This is the oldest, most
traditional prohibition. Some exceptions are made, such as in South Carolina, which
allows nonlawyers to represent others in court, under certain limited exceptions,
including only when the representations are done without compensation.
b. Conducting a deposition. Deposing someone is the practice of law, even if the one
conducting the deposition is reading from a list of lawyer-prepared questions.
Depositions are discovery devices that can affect one’s legal rights, and representing
someone at a deposition involves exercising legal judgment and legal expertise.
c. Signing pleadings. Although legal assistants may draft pleadings, and other litigation
documents, legal assistants may not sign them, because the rules of civil procedure
require the lawyer of record to sign all pleadings. A lawyer may use and sign the
pleadings drafted by a legal assistant, but when the lawyer signs the pleadings, the legal
assistant’s work product merges into the lawyer’s professional work product.
d. Executing a will. Although a legal assistant may work with the lawyer and the client in
preparing an estate plan, including information gathering, only a lawyer may execute a
will for a client.
e. Conducting a real estate closing. As is the case with a will execution, a real estate closing
is a formal transaction, transferring legal rights and title, and only a lawyer may be
responsible for representing a client at a real estate closing.
f. Establishing the lawyer-client relationship. Although a legal assistant may interview a
prospective or initial client, a legal assistant may not take the client’s case or give any
indication that the lawyer will take the client’s case.
g. Establishing fees. Only the lawyer, not the lawyer’s assistants, may create the financial
relationship between a lawyer and client. A legal assistant may answer certain fee-related
questions, such as what the lawyer’s hourly rate is, but the legal assistant must be careful
to avoid giving the impression that the legal assistant has the authority to answer feerelated
questions that would require exercising independent judgment.
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