The Adult Daughter, the Trust Amendment, and the Friend's Deed
Priya Raman is a North Carolina certified paralegal at a two-attorney firm in Charlotte. Her supervising attorney, Ms. Cole, is in an all-day mediation and has instructed Priya not to interrupt unless a client is in immediate danger. At 10:15 a.m., Diane Foster calls. Diane is the adult daughter of estate-planning client Helen Foster, whose revocable trust leaves $300,000 to Diane and $300,000 to Diane's brother, with Helen's house to be sold and split. Diane says her mother is confused and demands to know the trust terms and whether she can "fix" the trust before Helen signs an amendment next week. At lunch, Priya's friend Luis asks her to prepare a quitclaim deed transferring his 2-acre lot in Mecklenburg County into an LLC he formed and a $15,000 promissory note, saying he cannot afford a lawyer and will pay her $400. Priya is a notary public. She has no malpractice insurance and the firm's engagement letter says the firm represents Helen only.
1. How should Priya respond to Diane's request for the trust terms and her demand to "fix" the trust?
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Priya should not confirm or deny anything about Helen's trust, its terms, or the pending amendment. Helen is the client; Diane is not. Rule 1.6 protects information relating to the representation, and that protection is not lost because Diane is an adult child or because she claims her mother is confused. Even acknowledging that Helen is a client can reveal confidential information in some circumstances.
Priya should identify herself, take a detailed message, and tell Diane that Ms. Cole will return the call. She should not speculate about Helen's capacity, discuss the $300,000 shares, or accept instructions to change the trust. If Diane reports an immediate safety emergency, Priya should follow the firm's emergency protocol and contact Ms. Cole or another attorney. Rule 1.14 may permit a lawyer to take protective action when a client's capacity is impaired, but that decision belongs to the lawyer, not the paralegal. Priya should document the date, time, caller, and statements in a non-conclusory file note.
2. Can Priya prepare Luis's quitclaim deed and promissory note for $400?
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No. Preparing a deed and a promissory note for a friend who is not a firm client would be the unauthorized practice of law. N.C. Gen. Stat. 84-2.1 prohibits non-lawyers from giving legal advice or preparing legal instruments for others. A paralegal may perform substantive legal work only under attorney supervision, for clients of the firm, and consistent with the firm's engagement. Luis needs legal judgment about title, consideration, LLC authority, recording, default terms, and whether the transfer creates liability.
Priya's notary commission does not authorize her to draft documents or explain their legal effect. Accepting $400 would also create an outside business relationship and a potential conflict with her firm duties. She should decline, return any documents Luis gave her, avoid giving advice about how to draft the deed, and refer him to a lawyer or the North Carolina Lawyer Referral Service. She may provide general public information about the register of deeds, but not tailored advice.
3. Ms. Cole later asks Priya to notarize Helen's trust amendment at the signing. What should Priya check before acting?
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Priya may notarize only if Helen appears before her, signs voluntarily, and Priya completes a proper notarial certificate and journal entry. Priya must confirm that her commission is current and that she has no beneficial interest in the transaction. She must not explain the amendment, advise Helen whether to sign, or pressure her. If Helen appears confused, cannot identify the document, or does not recognize the people present, Priya should stop and get Ms. Cole or another attorney.
Priya should also confirm the execution formalities the attorney requires. A trust amendment may need witnesses as well as a notary, and a self-proving affidavit must be signed by the witnesses in the required presence. Priya should not notarize a signature that occurred earlier or outside her presence. If Ms. Cole is asking her to witness and notarize, Priya should make sure those roles are compatible and documented. Any capacity concern belongs in a contemporaneous file note, not in a lay diagnosis.