My law firm is considering hiring remote legal assistants. Is that a good idea?

[Taxing Matters]

At the moment CA is the only state where paralegals are regulated at all.

That's not quite correct. CA is the only state that requires licensure for a person to be called a paralegal or legal assistant. There are, however, some states that license non lawyers to perform work that otherwise has to be done by an attorney, mostly in the areas of family and immigration law. They are called by slightly different titles depending on the state. In my state the family law licensed legal paraprofessional (LLP) is in the final stages of approval. In some other states they are referred to as paralegals. While not always called "paralegals" they do fill a similar role of being able to do limited client representation and court appearances in the particular area of law the state has licensed them to do.

 

[LdiJ]

That's not quite correct. CA is the only state that requires licensure for a person to be called a paralegal or legal assistant. There are, however, some states that license non lawyers to perform work that otherwise has to be done by an attorney, mostly in the areas of family and immigration law. They are called by slightly different titles depending on the state. In my state the family law licensed legal paraprofessional (LLP) is in the final stages of approval. In some other states they are referred to as paralegals. While not always called "paralegals" they do fill a similar role of being able to do limited client representation and court appearances in the particular area of law the state has licensed them to do.

My research indicated that like your state, there were several states with legislation in one stage or another, but that only CA actually had something in place. If my sources are outdated then of course I am not quite correct.

 

[quincy]

That's not quite correct. CA is the only state that requires licensure for a person to be called a paralegal or legal assistant. There are, however, some states that license non lawyers to perform work that otherwise has to be done by an attorney, mostly in the areas of family and immigration law. They are called by slightly different titles depending on the state. In my state the family law licensed legal paraprofessional (LLP) is in the final stages of approval. In some other states they are referred to as paralegals. While not always called "paralegals" they do fill a similar role of being able to do limited client representation and court appearances in the particular area of law the state has licensed them to do.

I believe (in most if not all states) any legal work legal assistants or paralegals do must be under the supervision of a licensed attorney, however. They also operate under the same state UPL laws as any other non-lawyer. I question how much supervision of a remote worker can be provided by a lawyer, although I know there were workarounds developed during the pandemic.

 

[Johnnylawyer123]

Wow, didn't expect to see so many answers!

Thank you for answering my question despite being a bit off-topic, for which I apologize.

At the end of the day, I don't really have much saying on whether we start outsourcing or not, but I wanted to know people's opinion on the matter since it's something that might shake things up a little around here. Hopefully they'll make the right call.

 

[Johnnylawyer123]

A bit off-topic I guess, but I would like to know: Do you guys know other place where I could post questions like this? Not so much about the law but rather law firms. Facebook groups I feel are not very good either, or at least not the ones I'm in anyway

 

[LdiJ]

I believe (in most if not all states) any legal work legal assistants or paralegals do must be under the supervision of a licensed attorney, however. They also operate under the same state UPL laws as any other non-lawyer. I question how much supervision of a remote worker can be provided by a lawyer, although I know there were workarounds developed during the pandemic.

If they are mostly drafting/word processing documents that the attorney is going to read and approve, under instruction from the attorney, or doing law research that the attorney is going to review and approve, then I really don't see a problem with it. It is not necessary to be in the same location as the person who does some of your grunt work.

 

[quincy]

A bit off-topic I guess, but I would like to know: Do you guys know other place where I could post questions like this? Not so much about the law but rather law firms. Facebook groups I feel are not very good either, or at least not the ones I'm in anyway

There are numerous discussion forums on the internet. You could ask the lawyers in your firm for some suggestions.

edit to add:
Here is a link to the unauthorized practice of law in Georgia and what it covers:
https://law.justia.com/codes/georgia/title-15/chapter-19/article-3/section-15-19-51/ And here is a link to Georgia Rule 5.3 of the Rules of Professional Conduct, on nonlawyer assistants:
https://casetext.com/rule/georgia-court-rules/georgia-rules-of-professional-conduct/chapter-1-georgia-rules-of-professional-conduct-and-enforcement-thereof/part-five-law-firms-and-associations/rule-53-responsibilities-regarding-nonlawyer-assistants

 

[Litigator22]

There are numerous discussion forums on the internet. You could ask the lawyers in your firm for some suggestions. . .

Would it be irreverent to ask what you intend to knit with this loosely bundled skein of yarn via Dewey, Cheatem & Howe?

 

[quincy]

Would it be irreverent to ask what you intend to knit with this loosely bundled skein of yarn via Dewey, Cheatem & Howe?

A scarf.

 

[Litigator22]

A scarf.

How about a "muffler" for johnny (would be) lawyer?