Jill is a paralegal who works for Sam. Sam has been handling a large commercial litigation case, and has been very pleased with the paralegal services that Jill has provided on the case, including assistance preparing for and attending most of the hearings. Sam has another hearing on Tuesday at 10:00 a.m. and has asked Jill to attend and assist with set up prior to the hearing. Sam also had a dentist's appointment earlier in the morning, but the dentist's was behind schedule. At 9:50 a.m., Sam called Jill on her cellular telephone and told her he was going to be at least ten minutes late. He then told her to sit at the counsel's table at the beginning of the hearing, and when the judge asked for counsel to introduce themselves for the record, Jill was to identify herself and inform the court that Sam would be late. Jill did as Sam asked. Did Jill engage in the unauthorized practice of law?

Question

Quizplus · Accepted Answer

Yes, because only attorneys may appear in court on behalf of a client. An appearance in court is considered the practice of law and only a licensed attorney or a party representing him- or herself may appear in court. Answer C is the best choice because Jill is only a paralegal and not a licensed attorney or a self-represented party, so she did engage in the unauthorized practice of law. Jill's conduct would also violate Canon 3 of the NALA Code. Answer B is not the best choice because Jill's best approach would have been to inform the judge's assistant or courtroom clerk. Answer D is not the best choice because a written authorization will not make any difference.

Jill Is a Paralegal Who Works for Sam