|
Rule
One: Scope of Professional Duties
(a) The paralegal
shall be familiar with and heed the directives found in the Illinois Rules
of Professional Conduct or the Illinois Code of Paralegal Ethics. A paralegal
shall not undertake any behavior which the Illinois Rules of Professional
Conduct prohibit the supervising attorney from doing.
(b) A paralegal shall
refrain from engaging in the unauthorized practice of law.
(1) The paralegal
shall not work with a lawyer's client unless the paralegal's work is supervised
by an attorney.
(2) The paralegal
shall not draft pleadings or papers on behalf of a lawyer's client unless
the paralegal's work is supervised by an attorney.
(3) The paralegal
shall not sign pleadings or papers filed in a court or other judicial
tribunal on behalf of a lawyer's client.
(4) The paralegal
shall not appear as an advocate in a representative capacity in a court
or other judicial tribunal on behalf of a lawyer's client.
(5) The paralegal
shall not set legal fees.
(6) The paralegal
shall not provide legal advice to a lawyer's client.
(c) A paralegal shall
work under the direction of an attorney and shall abide by the decisions
of the lawyer concerning the representation of a lawyer's client.
(1) The paralegal
shall immediately consult the supervising attorney and defer to the decision
of the attorney when questions regarding the scope of the client's representation
arise.
(2) A paralegal who
discovers that the client has, during the course of representation, perpetrated
a fraud upon a person or tribunal, shall immediately report the fraud
to the supervising attorney. A paralegal who discovers that a person other
than the client has perpetrated a fraud upon a tribunal shall immediately
report such fraud to the supervising attorney.
Commentary
The paralegal's supervising
attorney has an obligation to supervise the paralegal so that the paralegal
avoids engaging in action which violates the rules of ethics. IRPC Rule
5.3. Therefore, the scope of the paralegal's professional responsibilities
is circumscribed by the rules of ethics found in this Code and the Illinois
Rules of Professional Conduct. This means that the paralegal may not undertake
to provide any services which the lawyer is forbidden from undertaking.
The scope of the paralegal's work is further limited by the rules defining
the practice of law.
In Illinois, the practice
of law has been defined to "embrace the preparation of pleadings, and
other papers incident to actions and special proceedings, and the management
of such actions and proceedings on behalf of clients before judges and
courts. "People v. Alexander (1964), 53 Ill. App. 2d 299, 202 N.E.2d
84, quoting People ex rel. Illinois State Bar Association v. People's
Stock Yards State Bank, 344 Ill. 462, 476, 176 N.E. 901, 907. This
does not include administrative agencies, where the paralegal would be
bound by that agency's rules of procedure, because such agencies are not
considered as a court of law. The interpretation of the limits of the
practice of law is broader in Illinois than it is in many states, however.
Unlike most other jurisdictions, Illinois allows nonlawyers to appear
in court to present a routine motion. The nonlawyer cannot, however, participate
in any activity which could be considered as "managing the litigation."
Alexander, 53 Ill App. 2d at 303, 202 N.E. at 843.
Because the supervising
attorney is presumed to be familiar with the rules of ethics marking the
scope of the paralegal's duties, the paralegal is advised to turn to the
supervising attorney when questions regarding the extent of the paralegal's
role arise. For this reason, the rules direct the paralegal to defer to
the advice of the attorney and not the client when seeking guidance regarding
proper legal behavior.
|
