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Does it constitute the unauthorized practice of law for a non-lawyer to supervise lawyers at a law firm?
Anonymous3 views5 answers
I was talking to my friend who works at a law firm. They have an office manager who has a lot of decision making power in the firm. She even has a final say in what some of the lawyers do with regards to practicing and basically supervises them as their boss. She is also the one communicating the most with corporate clients. I find this questionable. She isn't signing documents, but is it really proper for her to be the boss of lawyers in the practice of law when she's not even licensed?
Probably not. But as others have stated, the situation is fact specific. Having non-lawyers supervise lawyers is an emerging trend, especially on wall street firms. The laws and rules are in flux. Lawyers will need to come to terms that law school, and practicing law, doesn't prepare you for the business of law. More and more firms will turn to true business professionals to run and supervise operations.
It wouldn't be unauthorized practice of law because, based on your description, this person isn't actually practicing law - giving advice on legal matters (the meaning and application of law to facts). However, there is a gray area when it comes to office managers and their authority over the attorneys in a firm. Generally speaking, a non-lawyer cannot supervise a lawyer's exercise of her/his legal experience/knowledge/judgment on behalf of the lawyer's clients. That being said, a lot more facts would be necessary before one could draw the conclusion that this person is impermissibly controlling/supervising attorneys.
It's tough to respond to a question based on the hearsay of a friend. None of the operative facts are clear. However, the central idea behind UPL accusations is to protect the consumer who hires one of us to do a job involving court in some way. An office manager who signs off on routine papers - as long as she is doing so under the supervision of a lawyer - does no damage to the consumer and does not violate our disciplinary code.
It is the consumer who commits suicide in his case when he challenges his lawyer. I have known so many cases go under because the client grabbed the controls and flew into the ground. That lady is not the cause of case failure; the client is. A person called me last night wanting confirmation from me that his actions in his friend's case were correct and I responded I have no idea. I cautioned the person not to go around his lawyer. That's who the person loses, not that an assistant signed a document at the office.
