A former client has been trying to get in touch with James Clarkson, an attorney at Clarkson & Jones. Shauna is a paralegal at Clarkson & Jones who regularly assists Clarkson with litigation cases. Shauna knows the former client, Dalia, because Shauna worked on Dalia's breach of contract case two years earlier. Dalia finally calls and asks to speak with Shauna. Dalia explains that she sold some land in a rural county of the state and now holds a mortgage given by the buyer. The buyer, however, has stopped making payments, and Dalia wants to foreclose on the mortgage. Dalia says that she thinks Clarkson is avoiding her calls because he does not want to take the case, and then Dalia asks Shauna if she would take the case. How should Shauna respond?
A)Accept the case if Shauna has the experience and time to handle it.
B)Discuss the case with Dalia, and accept it if Clarkson agrees to let Shauna handle it.
C)Advise Dalia that she is not a licensed attorney and is prohibited from taking the case.
D)Decline the case because Clarkson does not want to take the case.

Question

Quizplus · Accepted Answer

Advise Dalia that she is not a licensed attorney and is prohibited from taking the case. Only a licensed attorney is authorized to accept legal work on behalf of a client. If a non-attorney contracts to provide legal services, the non-attorney is engaging in the unauthorized practice of law. A paralegal can only provide legal services under the supervision of a licensed attorney. Under the Model Rules of Professional Conduct and other rules, Shauna is obligated to explain that she is not a licensed attorney and cannot accept the work. Answers A and B would both violate the UPL rule, and Answer D does not state the best way for Shauna to respond.

A Former Client Has Been Trying to Get in Touch