Paralegal

Category - Ethics

Sonia recently graduated from an ABA-approved paralegal program and passed the Certified Paralegal examination. She has considerable experience as a legal secretary in a law firm that practices immigration law and is now looking for employment as a paralegal. On Craigslist, Sonia sees an advertisement for a job related to immigration. The website for the law firm states that it does immigration law. The advertisement states that the firm is seeking to fill a “Case Manager” position and that this position will have little supervision, have a direct relationship with clients, and be responsible for providing immigration-related services to clients. Can Sonia apply for this job?

  1. No, because the position is only minimally supervised and the employer will not be maintaining a direct relationship with the client, nor keeping responsibility for the work.
  2. No, because Sonia has only recently graduated and obtained certification and does not have enough experience in immigration law to act as a case manager.
  3. Yes, because Sonia has graduated from a paralegal program, obtained paralegal certification, and has prior experience in immigration law.
  4. Yes, because she can become a BIA accredited representative.
Explanation

Answer: A - No, Sonia cannot take this job because the position is only minimally supervised and the employer will not be maintaining a direct relationship with the client, nor keeping responsibility for the work. “A paralegal may perform any task . . . properly delegated and supervised by an attorney [if] the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product.” NALA Code, Canon 2. Answer A is the best choice because the advertisement’s job description is inconsistent with the NALA Code, and Sonia could be endangering her certification if she took the job. If the job were for a recognized non-profit agency, she could apply to become a BIA accredited representative once she was employed, but this does not apply to for-profit law firms.

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