united-states unlicensed-practice pro-se
When practicing law pro se, can one have the assistance of a paralegal?
<p>Lawyers often use paralegals and legal assistants to prepare legal documents. While only certified lawyers may practice law, paralegals can still prepare legal documents if a lawyer oversees the work and accepts responsibility for it. With this in mind, would a non-lawyer practicing law for oneself (acting <em>pro se</em>) be able to have a paralegal prepare legal documents so long as the <em>pro se</em> non-lawyer oversees the work and accepts responsibility for it? After all, <em>pro se</em> non-lawyers are permitted to practice law for themselves.</p>
<p>Say, for example, I want to write a will but don't want to hire an expensive attorney. If a paralegal friend of mine were willing to help me write a will, would our arrangement be legal so long as I take responsibility for the will?</p>

<blockquote>
<p>With this in mind, would a non-lawyer practicing law for oneself
(acting pro se) be able to have a paralegal prepare legal documents so
long as the aforementioned non-lawyer oversees the work and accepts
responsibility for it?</p>
</blockquote>
<p>No.</p>
<p>Critically, many things that paralegals (who are not themselves members of a licensed profession) are allowed to do under the supervision of an attorney, are not things that they are permitted to do independently.</p>
<p>In the case of the question, the paralegal is engaged in the unauthorized practice of law if doing anything more than taking dictation and formatting documents (case law often refers to merely taking dictation as &quot;acting as a scrivener&quot;, which is not the practice of law).</p>
<p>Unauthorized practice of law is a question of state law and varies somewhat, but the outcome in this particular fact pattern would be pretty consistent. For example, the Colorado Attorney Supreme Court has <a href="https://coloradosupremecourt.com/PDF/UPL/Understanding%20Practice%20of%20Law%20Issues.pdf" rel="noreferrer">an FAQ</a> that states:</p>
<blockquote>
<p>The Colorado Supreme Court has defined the “practice of law” as
“act[ing] in a representative capacity in protecting, enforcing, or
defending the legal rights and duties of another and in counseling,
advising and assisting [another] in connection with these rights and
duties.”1 The Court’s words make clear that providing legal advice to
another person constitutes the practice of law, as does the selection
and drafting of legal documents for use by another person.2 A
nonlawyer’s exercise of legal discretion on behalf of another’s legal
interest is prohibited because of potential harm to the public.3</p>
<p>Thus, a non-lawyer generally cannot:</p>
<ol>
<li><p>Provide legal advice to another person;</p>
</li>
<li><p><strong>Select legal documents on behalf of another person</strong>;</p>
</li>
<li><p><strong>Draft legal documents on behalf of another person</strong>;</p>
</li>
<li><p>Interpret the law as it may apply to another person’s situation;</p>
</li>
<li><p>Represent another person in any legal transaction or matter;</p>
</li>
<li><p>Prepare another person’s case for trial.</p>
</li>
</ol>
<p>1 <em>People v. Shell</em>, 148 P.3d 162, 167 (Colo. 2006); <em>Denver Bar Ass'n
v. Pub. Util. Comm'n</em>, 391 P.2d 467, 471 (Colo. 1964).</p>
<p>2 <em>See</em> C.R.C.P. 202.2(2); <em>See also Shell</em>, 148 P.3d at 167; <em>Denver</em>
<em>Bar Ass'n</em>, 391 P.2d at 471 (holding that &quot;there is no wholly
satisfactory definition as to what constitutes the practice of law; it
is not easy to give an all-inclusive definition....).</p>
<p>3 <em>People v. Adams</em>, 243 P.3d 256, 265 (Colo. 2010) (citing <em>Perkins
v. CTX Mortgage Co</em>., 969 P.2d 93, 102 (Wash. 1999)).</p>
</blockquote>
<p><em>See also, e.g., Baron v. Karmin Paralegal Services</em>, __ N.J. Super. __ (2019). The Appellate Division in <em>Karmin</em> found that Karmin prepared legal documents for plaintiff, which is clearly the practice of law. <em>Id.</em> at 13–14 (citing <em>Cape May Cty. Bar Ass’n v. Ludlum</em>, 45 N.J. 121, 124 (1965)).</p>

<p>I fully back the ohwilleke's answer, but add my 2c just so that the situation is understood even better.</p>
<p>Basically, the fact that you're asking a paralegal (as opposed to say a plumber) to draft your legal documents adds nothing whatsoever to the legality of it. A paralegal <em>is not</em> a lawyer — pretty much like a plumber. End of story, really.</p>
<p>The illegality here is not that you receive a legal advice from a non-lawyer, but that the non-lawyer <em>gives</em> it.</p>
