The Friday Eviction Call and the Attorney's Signature
Dana is a paralegal at a three-lawyer firm in Hackensack. On a Friday afternoon, the supervising attorney is in an arbitration and unreachable. A landlord client, Mr. Ruiz, calls the direct line. His tenant is 11 days late on $4,200 rent. Ruiz says he taped a “3-day notice” to the tenant’s door on March 3, but the notice has no date of service and no signature. He asks Dana whether he can change the locks tomorrow, whether the notice is “good enough,” and whether he should accept $1,500 partial payment. Dana also finds an unsigned certification drafted by the attorney for a different matter and a sticky note saying “Dana-sign my name and file it, I’ll be back Monday.” The firm’s written policy says paralegals may prepare drafts and communicate status but may not give legal advice or sign court documents for attorneys. Dana has 30 minutes before the office closes.
1. Which of Mr. Ruiz’s three requests, if any, may Dana answer, and which would be unauthorized practice of law? Explain the line between clerical/status communication and legal advice under New Jersey’s rules.
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Dana may not answer the lock-change, notice-validity, or partial-payment questions. Each requires applying law-eviction and self-help rules, notice requirements, and the effect of accepting rent-to specific facts and telling the client what to do. That is legal judgment, not clerical support. Under RPC 5.5, a nonlawyer may not practice law; under RPC 5.3, the firm must supervise her work. She may take a message, confirm receipt of the notice, gather dates and amounts, schedule a call, and prepare a draft response or draft notice for the attorney to review. She should tell Ruiz: “I cannot give you legal advice. I will have the attorney call you Monday; do not change the locks or accept payment until you speak with counsel.” If there is an emergency-such as a threatened lockout or safety issue-she should escalate to another attorney rather than advise. She should document the call.
2. The attorney’s sticky note says “sign my name and file it.” May Dana do that if the attorney later confirms by text that she authorized it? What rules and risks apply?
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No. Even with a text, Dana should not sign the attorney’s name to a certification or court filing. Court rules require the attorney to sign and certify pleadings, motions, and papers; a nonlawyer signing for the attorney misrepresents who prepared and verified the document. That can violate RPC 3.3 (candor to the tribunal), RPC 8.4(c) (dishonesty), and the firm’s obligations under RPC 5.3. It also creates a risk that the certification is false or that the attorney has not reviewed the filing. The proper course is to prepare the draft, leave the signature block for the attorney, and either wait for review or seek an extension. If the deadline is real, another attorney in the firm should review and sign. Dana should not alter the sticky note; she should keep it and explain why she did not file.
3. What should Dana do about the unsigned certification and the sticky note after the office closes?
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She should not file the certification. She should preserve the sticky note and the draft, note the date and time, and send the supervising attorney a concise email or voicemail: the document is unsigned, the note directs a prohibited signature, and no filing was made. On Monday, she should ask the attorney to review and sign the document herself. If the attorney insists that Dana sign, Dana should refuse and escalate to the managing attorney or the firm’s ethics counsel. Under RPC 5.3, the firm must have measures to ensure nonlawyer conduct is compatible with the lawyer’s professional obligations. Dana’s own obligation is to avoid participating in a misrepresentation. This is also a professionalism issue: a paralegal should not be placed in a position where the client’s interests depend on an unauthorized signature.