Legal Assistants Are Not Lawyers

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Experienced legal assistants and paralegals can be instrumental in helping a lawyer prepare a case for trial. But only lawyers can practice law.

Sounds simple, but just what does it mean to “practice law?” Is there a comprehensive definition of what constitutes the practice of law?

In simple terms, the practice of law includes having a license that permits the lawyer to appear in court and represent another person. But, in a broader sense, the practice of law is primarily characterized by the giving of legal advice and counsel.

But, if the core element of practicing law is giving legal advice and counsel, where do legal assistants and paralegals fit in?

Can assistants give legal advice?

The answer is a definite no. Legal assistants are not permitted to provide legal advice.

Giving legal advice and counsel is the sole role of the lawyer.

To be effective the lawyer has to have the confidence of the client, and the two need to establish a sensitive working relationship wherein the client feels free to share confidential information with the attorney, and the client feels comfortable letting the attorney manage the affairs of the client.

Nevertheless, a legal assistant can be extremely helpful in gathering information that the attorney and client need for the attorney to give advice and assist the client. A legal assistant can coordinate meetings, organize and summarize information, research aspects of the facts and law of a case, and report their findings to the lawyer.

Still, it is the attorney who must analyze the gathered information and advise and assist the client.

Legal assistants and other law office staff members cannot operate an attorney’s law office or conduct business on behalf of clients while an attorney is out of the office.

Nor can a lawyer delegate or subcontract out the management of a client matter to a non-lawyer.

A lawyer cannot leave non-lawyers in charge of a case.

In short, while the work of legal assistants is critical to the practice of law, the activities of legal assistants and other law office staff members must be carefully supervised by the lawyer.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – While there, make sure you request a copy of our book “Fighting for Truth.”

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