Heather Ranger
PAR 115 Introduction to Law
15 March 2013
Memorandum
To: Potential Employer
From: Heather Ranger
Date: 15 March 2013
File: Chapter 2 eportfolio
RE: Colorado Regulations of Paralegals and Unauthorized Practice of Law
Question: What are existing regulations on paralegals and are there any statutes
regarding unauthorized practice of law (UPL) in the state of Colorado?
Short Answer: Yes. Colorado has certain rules and regulations paralegals are
required to follow. The Colorado Rule of Professional Conduct 5.3 non-lawyer
assistants and must have the supervision of a licensed attorney who is responsible
for the paralegal. Colorado has statutes regarding UPL. In Colorado, a person
cannot practice law unless said person is a licensed attorney in that state.
Statement of Facts: Colorado Rule of Professional Conduct 5.3 doesn’t define
paralegals but considers “paraprofessionals” as non-lawyer assistants. The rule
states that lawyers must directly supervise their assistants and are responsible for
their assistants conduct.
www.paralegaltoday.com
EC 3-6 Model Code allows paralegals three specific kinds of tasks that paralegals
may perform under appropriate lawyer supervision, factual investigation and
research, legal research and the preparation of legal documents.
apps.americanbar.org/legalservices/paralegals/downloads/modelguidelines.pdf
Paralegals are not permitted to:
--Provide legal advice to others
--Unless under the direct supervision of a licensed attorney, a paralegal may not
select legal documents for another
--Draft legal documents on behalf of another person; unless under direct
supervision of a licensed attorney
--Interpret the law as it applies to someone else’s situation
--Represent another in a legal situation or matter (unless specified or allowed by
Colorado Supreme Court rule or statute
--Prepare matter for trial, unless under direct supervision of a licensed attorney
www.coloradosupremecourt.com/pdfs/Regulation/UPL%20website%20Q&A%20F
inalpdf.
Sanctions of UPL
--Order of injunction
--Disgorgement of any fees received
--Restitution to client for damages
--Restitution to third parties for damages
--Assessment of costs of proceeding
Contempt Proceedings
--Imprisonment
--Fines
--Remedial Sanctions
disgorgements of fees
restitution to client or third parties
--Assessment of costs of proceedings
www.cobar.org/docs/Nancy%20Cohen%20hadout%20in%20pdf%20format.pdf
Colo RPC 5.3 200 Duty to Establish Safeguards
A lawyer is responsible for monitoring and supervising the conduct of assistants to
prevent the violation of the ethical standards, which apply to the lawyer, and the
lawyer is responsible for assuring that assistants do not do anything which the
lawyer could not do.
A lawyer is responsible for assuring that the assistant does not engage in the
unauthorized practice of law.
www.law.cornell.edu/ethics/co/narr/CO_NARR_5.HTM
People v. Shell, 148 Colo. 162 (Colo. 2006) The Colorado Supreme Court defines the
practice of law as acting in representative capacity in protecting enforcing or
defending the legal rights and duties of another and in counseling, advising and
assisting in connection with these rights and duties.
People v. Fry, 875 P.2d 222 (Colo. 1994) a lawyer aided a paralegal in unauthorized
practice of law. The lawyer never met with the clients and the paralegal provided
legal advice and prepared documents for the clients.
People v. Berkeley, 858 P. 2d 699 (Colo. 1993) attorney was publicly censured for
failing to adequately supervise the paralegal, Matthew Kemp. Paralegal met with
clients several times and provided legal advice on bankruptcy matters. Attorney
never met with clients.
People v. Laden, 893 P. 2d 771 (Colo. 1995) an attorney was publicly censured for
aiding non-lawyers in unauthorized practice of law by assisting them with the sale
of living trust document kits.
Conclusion: It is illegal to practice law in Colorado unless you are a licensed
attorney. A licensed attorney must supervise a non-lawyer and that lawyer is
responsible for the conduct and ethics of the non-lawyer. If unauthorized practice
of law occurs, the Attorney Regulation Counsel will investigate and hold the licensed
attorney responsible for the non-lawyers actions.