Paralegal practicing law

[007]

What is the name of your state (only U.S. law)? CA

My wife's ex keeps submitting subpoenas on a case that is not open. His wife is a paralegal for a law firm, which practices a completely different area than family law. This paralegal is actually going to legal service business and requesting pro-bono for her firms client, that he's not really a client! On top of which she seems to be the one writing and guiding his motions and legal actions. So the question #1 is:

1. Is this paralegal actually practicing without a license, even though it is with for her husband?

I have sent a letter to her law firm and ask if they were aware and supported the activities I outlined. Unfortunately, since it was a "restricted" post, it was either not accepted or neither attorney was available. If they don't go to the post office and pick up the letter where it's being held for 15 days then sent back to me, then my attempt to inform them will have to be done a different way. I don't know if the paralegal simply stated the attorney(s) were not there and then discarded the notice of attempted delivery or what, but I cannot throw out the possibility that this paralegal may just be keeping me from the either of the partners. Question #2:

2. How do I get in touch with an attorney about his paralegal without having to go through the paralegal?

 

[CourtClerk]

Paralegals are allowed to prepare and file documents.... uhhh, that's their function.

This paralegal is actually going to legal service business and requesting pro-bono for her firms client, that he's not really a client!

This doesn't even sound like english to me. Care to clarify?

 

[007]

...pardon me. I seemed to have oversimplified and got my tongue wrapped around my keyboard.

The paralegal works for a law firm that deals with insurance, construction, and business as well as appellate cases. While I can appreciate law firms offering legal services such as filing paperwork, offering pro-bone, etc. I would think that it was done in the area of law they have expertise.

Having said that, since my wife's ex-husband has met and married this woman, he has decided to re-open a my wife's five yr old divorce case. It has come to no surprise that he has lost every attempt in court, but he still has the appellate process. His wife has written, filed, advised and sought administrative support for him every step of the way. Most recently she sent subpoenas to be delivered to us through a legal service. Using my wifes SSN and bogus information, she told the legal adminsitrative service that her law firm was representing a client (she did not say her husband), but then she asked them to conduct their services pro-bono, since he could ill afford the legal assistance. They did. However, once they found out the way in which their services were derived, they sent back the subpoena'd documents. There was not even an open case and the one referenced was an appellate case...no new discovery!

So I know that paralegal's file documents, but that is under a practicing attorney's supervision, when they are working for one. This paralegal has, I believed, misrepresented the law firm for whom she works, and is in essence practicing law for her husband as defined by California Business and Professional Code Section 6150-6156.

My only recourse is to advise the firm, and if they authorize her conduct, while they are fools, then I have no real leg to stand on. But maybe they have no idea that she is even doing this.

My wife's ex-husband is simply trying to bury us in legal paper work that we have to respond, but he's no person who could possible writting these arguments in pro per. It's his wife who is coming up with these legal and unethical tactics.

I could go on but I won't.

 

[tranquility]

So, without any proof at all, you want to tell a person's employer they're committing a crime?

Please read the posts on slander per se. While you may have a problem, you are not going to settle it through legal process.

 

[Ohiogal]

He doesn't have an issue. This is his WIFE's issue that he has decided to involve himself with -- just like his wife's ex's new wife who he is complaining about. Pot. Meet. Kettle.

 

[007]

Tranquility: The proof I have is in the mailing labels and subpoenas that reference or pretend the firm is the representing activity, and references in court docs. As well as the legal service who has now refused to do business with this paralegal, since there was no open case compelling discovery, and they have recognized her deceptive reference to her firm in order to receive pro-bono service from the them. Which when said and done may be nothing to the attorneys.

At the end of the day, an attorney should know if his paralegals are providing legal service outside of the attorney's supervision. If this law firm approves of the disreputable way their paralegal is submitting work orders, only to be admonished by the business providing the service, there is nothing I can do about it. However, if the attorneys have no clue what their paralegal is doing, than it might be time that they hear about it. It's not slander that I have a problem with how the law firm seems to be going after my financial information without cause...oh wait, it's their paralegal that's doing it. So I am making a business complaint, with a request that they provide professional guidance to their paralegal. If the firm allows this and supports it, I can actually file with the State Bar. Nothing will be done, I realize, but that's my right. By the way, it would be "libel" and not "slander", since written. And because it is not a public forum, but a business complaint to those ultimately responsible for the paralegal's activity, it's not slander and there's not a lot she can do.

Fact is, the two partners probably have no idea what their paralegal is doing. If you were an attorney, would you favor having your paralegal use your firm to provide personal legal assistance on her own personal matters, in an area of law you don't practice, on your own dime? I don't intend on seeking a legal process, but a complaint process.

Ohiogal: Interesting that you believe that I (or any spouse) can stand by and watch my wife take the attacks and do nothing. I am actually named on the subpoenas so I guess this means I'm neither the pot or the kettle. So can you tell me how I can be attached to a divorce case that I was not any part of?

Let's try to ask a different question and see if you can answer without the personal attacks or jumping to conclusions:

Can a paralegal, without supervision or knowledge of a practicing attorney; draft legal documents, advise legal course of action, file subpoenas, submit legal correspondence or solicit businesses for consideration to act on behalf of a client that is not really a client of the practicing attorneys?

 

[tranquility]

That's not "proof". That's still little more than suspicion. I suspect that your planned course of action will result in a lawsuit against you for public disclosure of private facts and/or defamation.

 

[007]

Thank you for your response, Tranquility. I understand no real "proof", while it's more than just suspicion to me, you have a valid point to the rational person's point of view [someone outside of the problem set]. As for the opening up to lawsuits; unfortunately that is what has been happening without any action needed on my part, and I am tired of rolling up into a ball and taking the punches. While they have lost at every attempt, it just keeps coming from them.

Thanks for your perspective.

 

[tranquility]

As a general rule it's best to stick to the actual issues and to not bring in extraneous factors. Especially when you are confident you are in the right.