MEMORANDUM of LAW
TO:
Potential Employer
FROM:
Jadeane Jones
DATE:
September 10, 2015
RE:
Statutes
Colorado Regulations for Paralegals and the Application of Unauthorized Practice of Law
Question Presented
In the State of Colorado, what are the existing regulations governing paralegals and are there any
statutes in the state regarding the Unauthorized Practice of Law (UPL)?
Brief Answer
Paralegals are defined under the Colorado Rule of Professional Conduct 5.3 as paraprofessionals or nonlawyer assistants. They must be supervised by a licensed attorney for whom that attorney is
responsible.
Yes. There are statutes in the State of Colorado governing UPL. Unless a person is a licensed
attorney, in good standing, in the State of Colorado that person may not practice law in the state.
Statement of Facts
The American Bar Association (ABA) has imposed standards in regulating the practice of law to
protect citizens from harm resulting in dishonest, unethical and incompetent providers of legal services.
http://www.adbmich.org/download/ABA%20STANDARDS%20(1992).pdf
The Colorado Rules of Professional Conduct do not specifically regulate paralegals, however there are
rules governing paralegals. They are considered to be an assistant to the attorney and as such, the
attorney is directly responsible in the supervision and conduct of said paralegal. Under Colo. RPC 5.3, the
attorney is responsible for a paralegals work product and should consider the fact that they do not have
any legal training nor are they subject to professional discipline. It is the attorney’s responsibility to
ensure that the conduct and ethics of the paralegal meet with the professional obligations of the
attorney.
http://www.cobar.org/index.cfm/ID/20496/subID/22466/CETH//.
Paralegals are not permitted to provide any direct legal services to anyone who is not the attorney.
The Colorado State Constitution gives the Colorado Supreme Court the power to regulate the practice
of law for non-lawyers. There are strict rules outlined by the Colorado Supreme Court governing the
practice of law for non-lawyers.
A non-lawyer is not permitted:

Provide legal advice to others;

Unless under direct supervision of a licensed attorney, a paralegal may not select legal documents on
behalf of another person;

Draft Legal documents on behalf of another person, unless under the direct supervision of a licensed
attorney;

Interpret the law as it applies to someone else’s situation;

Represent another in a legal transaction or matter; or

Prepare a matter for trial, unless under the direction supervision of a licensed attorney.
http://www.coloradosupremecourt.com/pdfs/Regulation/UPL%20Website%20Q&A%20Final.pdf
Supreme Court has the inherent authority to regulate and prevent the practice of law by individuals
who are not licensed to practice law in Colorado. The Colorado Supreme Court Office of Attorney
Regulation Counsel investigates and prosecutes matters involving the unauthorized practice of law (UPL).
http://www.coloradosupremecourt.com/pdfs/Regulation/Unauthorized%20Practice%20(English).pdf
Injunctive Proceedings (according to The Colorado Bar):

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 (according to The Colorado Bar):

Imprisonment

Fines

Remedial Sanctions
– Disgorgement of fees
– Restitution to “client” or third parties

Assessment of costs of proceedings
http://www.cobar.org/docs/Nancy%20Cohen%20handout%20in%20pdf%20format.pdf?ID=3042
Conclusion
Colorado State Law prohibits the practice of law unless you are a licensed attorney. It further
prohibits anyone without a license to perform any duties that a licensed attorney is responsible for. Any
non-lawyer working for a licensed attorney is to be supervised and their ethics is the responsibility of that
licensed attorney. The attorney will be held liable in the event that a non-lawyer practices law on
behalf of that attorney. The Colorado Supreme Court Office of Attorney Regulation Counsel will
investigate a complaint regarding UPL whether it involved an attorney or non-lawyer.