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Can an attorney who has resigned from the bar because of two counts of felony embezzlement from former clients ...

Los Angeles, CA |

Still give legal advice and write motions as a paralegal. And who do you report it to...if
it is not legal. Thank you

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Attorney answers 5


It would be and is permitted in Wisconsin. As stated by others, if probation is involved there may be a probation condition prohibiting it. Paralegals should be supervised by licensed attorneys and I know of one in such a situation who is incredibly helpful to the attorney and her clients. Paralegals are not permitted to give legal advice, they should be drafting motions for the use of the attorney, not independently. In Wisconsin any motion filed with a court must have the bar number of the person who drafted it on the motion. If drafted by a paralegal working for an attorney, that bar number would be of the supervising lawyer.

If this person is actually practicing law, that should be reported to the courts and the bar.

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It depends if the former attorney is on probation and if there are any specific conditions attached to the plea. Acting as a paralegal isn't illegal as long as he/she isn't representing that he/she is an attorney. If that person is giving actual legal advice,that may be an issue.


It would probably not be permitted in Illinois but this is an issue that could receive a different answer in different states.


Your question was can an attorney who resigned with charges pending give legal advice as a paralegal. The answer to that question is no. In fact no paralegal is allowed to give legal advice. That domain is reserved for lawyers.


Disbarred, resigned, and former attorneys often work as paralegals in California, and this is not unlawful in this state. "Paralegal" is both undefined and unlicensed in California, so there is a lot of slippage as to the definition of appropriate paralegal tasks. It is a fact that paralegals are prohibited by law from giving legal advice. But the factual determination as to whether a specific statement or action constitutes "legal advice" that requires admission to the bar can be a very intricate analysis and is always fact-intensive.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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