ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal Research Blogs -> Stark County Law Library Blawg

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal Research

: Stark County Law Library Blawg

"Delegation of Work Assignments by Lawyers to Nonlawyers in Law Firms"

ADVERTISEMENTS

Posted by Joe Hodnicki: "In Shadow Lawyering: Nonlawyer Practice within Law Firms, [NELLCO] Paul R Tremblay (Boston College Law School) articulates a framework for assessing choices lawyers make when they delegate some tasks to nonlawyer colleagues. The framework relies on insights about lawyering judgment and risk assessment, client informed consent, and unauthorized practice of law prophylaxis. From the abstract:

Any delegation of work by a lawyer to a nonlawyer involves an exercise of the lawyer's judgment about an appropriate balance of risk and efficiency, along with an eye toward the client's informed choice about how to achieve the goals of the representation most efficiently. The prevailing unauthorized practice of law dogma prevents a client from seeking the most economical representation by only retaining a nonlawyer, but that dogma trusts lawyers to protect a client's interests. With those considerations in place, this Article shows that the profession cannot, and in fact does not, deny the lawyer any categorical options in making delegation choices, except for those involving public court appearances. Aside from sending a nonlawyer to court, a lawyer may responsibly delegate any of her lawyering activities to a nonlawyer associate, subject to the prevailing conceptions of competent representation and subject to the lawyer's retaining ultimate responsibility for the resulting work product and performance.

Some commentary and some court opinions suggest a different answer to the questions addressed here, but those authorities do not withstand careful analysis. This Article shows that a more careful reading of the commentary and the court dicta supports the framework and the thesis offered here. Nonlawyers may not independently engage in activity which equates to the practice of law, if by "independently" we mean without supervision and oversight from a lawyer. That important and uncontroversial limitation, however, is the only categorical restriction on a lawyer's discretion. A supervised nonlawyer may play a much more active and important role in a lawyer's overall representation of her client than many have claimed. For the client, that is a very good result.

Required reading for newbie law firm librarians and paralegals and, maybe, young associates."

The active link is available at the source site listed below.

Source: Law Librarian Blog, 25 June 2009

Full post as published by Stark County Law Library Blawg on June 25, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 11/03/26 09:02:27)