May paralegals advertise their availability to appear before administrative agencies?

Question

no i'm not going before an admin board it's a homework question.

Answer 1

Probably so, but with caveats. First, check the rules of the administrative agency concerning advertising. They may require specific language, such as "non-attorney licensed representative." Second, the use of the term "paralegal" might be best avoided, as it gives the impression you are working under an attorney's supervision.

Answer 2

Let me guess. You may have to appear before an administrative agency. You would prefer to have a lawyer represent you. For one reason or another, that's not possible. You would still want someone to be there to help. And local paralegals are advertising that they can appear before administrative agencies.

Every state regulates paralegals differently. Most states do not allow paralegals to practice law. Some states allow paralegals to do things that are almost the same as practicing law, but the paralegal has to have his or her work checked by a lawyer, who actually exercises legal judgment, whatever that is.

If a paralegal is advertising in your city, and saying that he or she can appear before a state administrative agency, then one of three things is true: 1. the state rules are relaxed, and the paralegal can actually appear, because the real "legal" stuff happens if someone appeals the administrative judge's decision, and then the paralegal can't be there at the appeal, or 2. the paralegal actually works for an attorney, and the work is being approved by an attorney, and the paralegal is following a script, or 3. the paralegal can attend a hearing, and can't do legal representation or give legal advice, but can bring "facts" to your attention, or to the attention of the administrative judge, that could help you.

It's important to know which of the three sets of ruled you are operating under, because the only time you are getting legal help is situation 2. In situation 1, if you lose, and if you want to appeal, you need a lawyer, and in situation 3, the paralegal is working from a script put together by the paralegal and an attorney, and how much the paralegal helps you is based on how good the script is.

Answer 3

Some agencies allow non-attorneys to represent members of the public appearing before them. If so, and if the particular state does not limit the powers of para-legals, there is no reason why not. Many states are now beginning to pass laws regulating the activities of people who represent themselves as para-legals who contract directly with the public. So the answer to your question depensds upon the agency & the state.

Answer 4

It depends on the state, and the state's "authorized practice of law" statute.

You want to check out websites like www.nala.org, the National Assocation of Legal Assistants for more information.