Now for our featured NJ Attorney Article…

By: Brian M. Thorn, Esq.

As part of the decision of In re Opinion No. 24 of the Committee on the Unauthorized Practice of Law, 128 N.J. 114 (1992), the Supreme Court established a committee "to study the practice of paralegals and make recommendations to the Court." 128 N.J. at 135. After seven years of entertaining more than 100 comments, the Committee entered an Administrative Determination on May 19, 2000 that was to address all of the public concerns about establishing ethical standards for paralegals, determining their educational requirements and licensing procedures and establishing a regulatory scheme to govern the practice of paralegals.

In reviewing the committee notes, one thing becomes apparent: it remains the attorney’s responsibility to govern the legal tasks that a paralegal is to perform, to closely monitor their practices, and to determine the scope of legal work that an attorney entrusts to the support staff.

What does all of this mean to paralegals? It means that despite the recommendations to the Committee for the establishment of a separate Court directed paralegal licensing and regulation system, qualifying individuals as a paralegal and monitoring their work is best accomplished through attorney supervision, rather than a Court directed system. The committee recommends that any credentialing system be developed by attorneys, paralegals and their respective associations together. The State does not want this responsibility.

Placing the responsibility on the attorney for the paralegal’s training and performance continues an efficient system where an attorney works hand in hand with their paralegal, monitoring and reviewing their work. An attorney who does not properly supervise a paralegal is in direct violation of the ethical rules. RPC 5.3. Although it is primarily an attorney’s obligation to supervise paralegals, a paralegal is not relieved from an independent obligation to refrain from illegal conduct, and to work directly under the supervision of an attorney. RPC 5.3; N.J.S.A. 2A: 170-81.

Simply put, the paralegal and the attorney must work together, ensuring that clients are properly and efficiently represented. Although attorneys are responsible for supervision, the paralegal still has an ethical obligation to the legal profession to ensure that attorneys are not entrusting them with work beyond their ability, training and proper sphere of duties. Bottom line: watch out for the attorneys who think that they have a junior associate working for them instead of a paralegal. There is a fine line between "holding down the fort" and practicing law without a license. Keep in mind that N.J.S.A. 2A:170-78 deems the unauthorized practice of law by a non-lawyer a disorderly persons offense.

About the Author, Brian M. Thorn, Esq.:

Born December 6, 1973, Red Bank, New Jersey; Rutgers University, B.S., 1996; Benjamin N. Cardozo School of Law, 1999; Admitted to practice in New Jersey and New York, 1999; United States District Court, District of New Jersey, 1999; Member: American Bar Association, New Jersey Bar Association, Monmouth County Bar Association; Mr. Thorn specializes in civil litigation, including personal injury, property damage, malpractice and products liability. Associate: White, Fleischner & Fino, Red Bank, New Jersey.

White, Fleischner & Fino
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Red Bank, New Jersey 07701
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E-Mail: Bmthorn@aol.com

Law Offices of White, Fleischner & Fino:

Twenty Four year old "AV Rated" general practice specializing in civil litigation, including personal injury, property damage, malpractice, products liability, subrogation and insurance coverage issues. Municipal, State and Federal Trial and Appellate practice.

Offices in Red Bank, New Jersey, New York, New York, and London, England.

These are things people actually said in court, word for word:

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A: July fifteenth.

Q: What year?

A: Every year.

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A: Gucci sweats and Reeboks.

Q: This myasthenia gravis, does it affect your memory at all?

A: Yes.

Q: And in what ways does it affect your memory?

A: I forget.

Q: You forget. Can you give us an example of

something that you've forgotten?