The ABA Rules Every PI Paralegal Should Know – And The Line They Cannot Cross
A personal injury paralegal can become the person who knows a case better than almost anyone in the office. The paralegal knows when the accident happened, which medical records are still missing, what the insurer has offered, and what the client said three calls ago. One may know the treatment timeline and discovery history almost by heart. This knowledge makes one valuable. It can also make one boundary surprisingly easy to cross the line between supporting a lawyer and giving legal advice.
Unauthorized practice of law, or UPL, is not limited to appearing in court without a license. What counts as practicing law varies by jurisdiction, but ABA guidance draws a practical line. Lawyers may delegate substantial work to paralegals, provided the work is properly supervised. They may not delegate responsibility for establishing the attorney-client relationship, setting the legal fee, or giving a legal opinion to the client.48
The PI Paralegal’s Everyday UPL Test
A question that comes up constantly is that “The insurance company offered me $50,000. Should I take it?”
A paralegal may know every medical bill and every weakness in the defense position. But advising the client whether an offer is legally or strategically appropriate requires legal judgment. The paralegal can acknowledge the question, gather the relevant information, and make sure the lawyer responds promptly.
There is another important point that the final decision whether to settle belongs to the client, not the lawyer. ABA Model Rule 1.2 requires the lawyer to abide by the client’s decision whether to settle, while Rule 1.4 requires sufficient communication for the client to make an informed decision.49
Considering, if the client can still recover if he was partly at fault, a paralegal can provide factual information, collect accident details, and organize materials for the lawyer. But applying a jurisdiction’s comparative-fault law to that client’s facts may become legal advice. Knowing the rule is different from independently advising the client what the rule means for the outcome of the claim.
The same problem appears when a client asks, “How much is my case worth?” A paralegal can compile medical expenses, wage-loss records, insurance limits, treatment records, and other damages evidence. Independently placing a legal settlement value on the claim is different. That judgment should remain with the lawyer.
“But the Attorney Told Me to Handle It”
Paralegals are supposed to take ownership of their work. They can conduct factual and legal research, prepare documents, organize files, interview clients and witnesses, draft litigation materials, and assist with trials when those tasks are properly delegated and supervised.50 Delegation, however, does not erase the lawyer’s responsibility.
Model Rule 5.3 requires lawyers with managerial or supervisory authority to make reasonable efforts to ensure that nonlawyer assistance is compatible with the lawyer’s professional obligations.51 Model Rule 5.5 separately prohibits a lawyer from assisting another person in the unauthorized practice of law. Its commentary expressly recognizes that lawyers may use paraprofessionals and delegate functions to them so long as the lawyer supervises the work and retains responsibility for it.52
So “the attorney asked me to do it” is not a complete answer. If an assignment appears to require independent legal judgment, the paralegal must stop and clarify the scope before responding to the client.
Three Questions Before Responding
A useful check is 1) Am I giving information, or am I giving legal advice? 2) Am I applying the law to this client’s particular facts? and 3) Am I making a professional judgment that should be made by the lawyer or, in the case of settlement, by the client after legal advice?
If the answer raises doubt, the supervising attorney should be brought in.
The Risk Goes Both Ways
UPL is not only a risk for the paralegal. Lawyers can face professional consequences when nonlawyer staff are inadequately supervised. Rule 5.3 can make a lawyer responsible for certain conduct the lawyer orders, ratifies, or fails to address when corrective action is still possible.53
That matters in PI practice, where paralegals speak constantly with injured clients, insurers, medical providers, experts, and opposing counsel.
Being an excellent PI paralegal does not mean answering every question. It means knowing the case, recognizing the boundary, and knowing when the client needs the lawyer.
That judgment is not a limitation on the paralegal’s value. It is part of the value.