Can Non-Lawyers Practice Law?

A query from ethics guru, Paul Tremblay:

Dear friends,

I am plugging away at a draft of an article in which I explore the limits, if any, on the lawyering activities permitted to be performed by non-lawyers employed within a law firm (which would include a sole practitioner).  This question has considerable importance for law firms using paralegals (from long-term experienced paralegals, to recent college grads, to volunteer high school interns) to perform legal work for clients; for law firms hiring (and paying handsomely) lateral associates (or soon-to-be partners) who are not yet licensed in the firm’s jurisdiction; and for transactional clinical programs whose students are not subject to the state’s court-focused Student Practice Rule.

My hypothesis, which so far in my research seems inescapable, is this:  A non-lawyer employed by a law firm and supervised by a licensed lawyer may perform every lawyering activity a lawyer would perform, except for appearing in court and, critically, subject to prevailing competence and malpractice standards.  So, for instance, a law firm could use the experienced but unlicensed lateral to serve as a full scale (albeit supervised) lawyer outside of court settings (and I’m ignoring for the moment the pro hac vice opportunities), but would allocate far less responsibility to the high school intern.  No unauthorized practice of law issues arise regardless of the depth and sophistication of the legal activity performed, because of the supervision by a licensed lawyer.

I have not, so far, uncovered any authority that undermines my hypothesis.

I figure that this hypothesis is either (1) interesting and useful; (2) so patently obvious as to surprise us that it would warrant an article; or (3) perhaps quite wrong, for some reason I have yet uncovered.

I support Option (1).  I write to you to see if any of you think Option (2) or (3) is the better answer.  If anyone knows of something that I should consider as I proceed, please let me know.

Thanks.

Paul

([email protected])

Comments

[Sam Erugo]

This is interestingly but unbelievably the truth.Except court appearance, the non lawyer practice law in all ramifications depending on experience and supervision.