For individuals, families or small businesses, conditional pricing agreements or other AAAs may be the only way for clients to access justice. A Paralegal working for a lawyer is always responsible for the work within the constraints of that relationship, but cannot be the one who is at the origin of this relationship. This can be a particular challenge, because paralists are often the first point of contact that potential clients can have with a company – they interview and collect information, and of course, the potential client will consider consultation as a first step towards engaging a lawyer. We regularly enter into contingency cost agreements with individuals and also with companies. When companies have to take legal action, an agreement on contingency costs allows the client to manage budgets, cash flow and risk. Quota pricing agreements provide access to justice for individuals and businesses who would otherwise not be able to afford to take legal action. However, in some cases, even individuals or companies that are very successful financially could not afford to pursue legal action without a conditional pricing agreement or other alternative pricing system. Paralegals cannot establish the relationship between the lawyer and the client, i.e. accept a case. Paralegaires can interview potential clients, gather information about a possible case, and even prepare a retention agreement for the client`s signature, but they cannot decide whether or not they accept a particular case – that`s the lawyer`s responsibility. This is not to say that lawyers sometimes do not seek the opinion of their paralgal on the viability of a case; they do, but it is up to them to decide whether or not they represent a person.
Even if almost no one who works outside the field believes it, each paralgal will tell them that ethics is really the cornerstone of the law. Paralegalen, it is forbidden to give definitive advice to clients. Legal advice can be defined so that the client is informed to act in a case with legal consequences and/or to explain to a client his legal rights and obligations. During their work, paralegs have frequent contact with clients, a situation that sometimes opens the door to potential conflicts. It is not uncommon for a client to develop a strong relationship with the Paralgale who assists a lawyer in his case, and also for the client to sometimes ask paralegale questions which, in order to answer, would require legal advice from paralegales. What complicates matters is that Paralegal often knows the answer! To avoid the authorized practice of law, a Paralegal must always execute these questions through his supervisory lawyer before passing on all the information to the client. In Ontario, a lawyer may, in certain circumstances, for example.B. case of assault (in which paralegaires cannot practice) agree to do the work and not charge the client until the file is closed.
Sometimes the lawyer expects costs only if he succeeds. Some lawyers will likely collect fees, even if their client`s case is unsuccessful, but do not ask to be paid until the case is closed. Just as the American Bar Association has provided a comprehensive overview of what paralaires can do, the organization has also provided clear guidelines on what paralists cannot do. When a paralgal crosses the line in tasks or abilities for which it is not qualified, the ABA has an end to this effect: illegal practice. As licensed lawyers are responsible for the work of a paralgale, they may be sanctioned by their national association of lawyers for the actions of the Paralgal, so it is useful for them to closely monitor the type of work done by a paralgal and how it performs them. A Paralegal is a critical member of the legal team and can significantly improve a company`s efficiency and productivity.