Why not a legal assistant?
2006-10-04 07:27:13 · 4 answers · asked by jennaferlynn85 2 in Politics & Government ➔ Law & Ethics
In federal court, every pleading, written motion, and other paper must be signed by at least one attorney of record (unless the party is pro se (representing him or herself). If the paper is not signed, the Court will strike the paper unless it is promptly signed after being called to the attention of the attorney or party.
When the attorney (or party where appropriate) signs the document, he or she is certifying to the Court that to the best or his or her knowledge, information and belief, the document is (1) not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.
If someone believes the attorney (or party) falsely certified the document (by signing it), they can move for santions. These rules are contained in Federal Rules of Civil Procedure 11. And the request for sanctions is often referred to as a Rule 11 motion.
Most states have similar rules. For example, in California, the state version is contained in Code of Civil Procedure sections 128.5 and 128.7.
Good luck,
MBH
2006-10-04 07:50:02 · answer #1 · answered by MBH 3 · 0⤊ 0⤋
I do not no what state you live in but in some states a para-legal has the same standing before the court if they are employed by a lawfirm. They can sign motions or briefs but they cannot represent a person in court.
2006-10-08 07:14:35 · answer #2 · answered by daydoom 5 · 0⤊ 0⤋
A legal assistant is not licensed to practice law.
2006-10-04 07:32:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
lawyer is the captain of the ship and licensed to practice law, not assistant.
2006-10-05 11:11:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋