Unauthorized Practice of Law and Scope of Paralegal Duties
Unauthorized practice questions test where delegated work ends and independent legal judgment begins. New Jersey has no single statutory definition; the Supreme Court and its UPL Committee enforce the line through case law and RPC 5.5.
Core line
The practice of law includes advising another of legal rights or remedies, selecting and drafting legal documents, representing another in court or an agency, negotiating legal rights, and holding out as an attorney. Nonlawyers may perform substantive tasks, but the attorney must set strategy, review the work, and remain responsible.
High-risk tasks
A paralegal crosses the line by telling a client what to do, choosing a form and explaining its legal effect, interpreting a statute or court order, negotiating a settlement, appearing as counsel, or letting a client believe the paralegal is a lawyer. The risk rises when the client is unsophisticated or unrepresented.
Safe delegation
Research, factual investigation, cite checking, document assembly from attorney-approved templates, organizing discovery, scheduling, and transmitting the attorney's advice are ordinarily safe when reviewed. Correspondence should convey information, not legal advice.
Worked example
A client asks, 'Should I take the $15,000 settlement?' The paralegal says, 'I would take it; your bills are low.' That is settlement advice. The correct response is to relay the offer, explain that the attorney must advise, schedule a call, and document the contact. The paralegal may confirm receipt and remind the client of a response date.
Traps
'Just this once' advice is still unauthorized practice. Using 'we' can imply that the paralegal is an attorney. Preparing pleadings for a self-represented litigant without attorney supervision is high risk. Failing to correct a client's mistaken belief that the paralegal is a lawyer compounds the problem. Do not rely on the title 'paralegal' to cure conduct that only a lawyer may perform.