Can a paralegal assist and charge an incarcerated pro se litigant prepare legal pleadings for filing through the court?

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Can someone please help me with this question. Thank you

Attorney Answers

5
Adam Zucker ·
I would suggest that what I understand you to describe is the Unauthorizied Practice of Law. A paralegal should be working under the direction and supervision of an attorney and not preparing legal pleadings for fees independantly.
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Ryan Jacobsen ·
A paralegal may assist in a case when supervised by an attorney. Documents filed in court cannot be signed by the paralegal. A paralegal friend who wants to help you out may be exposed to severe penalties for the unauthorized practice of law. Contact an attorney for help on this defense case. I hope this helps answer your question.
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David Weber ·
A paralegal is not an attorney. If the paralegal is working under the supervision and at the direction of an attorney, then he or she may assist, but generally, a paralegal may not provide legal advice.
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L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
As a general principle of law, it's not unlawful for a person calling him or herself an "independent paralegal" to act as scrivener for a pro se litigant. What that means is, the paralegal can type up documents which the pro se litigant submits to him or her so as to put those documents in the form of pleadings typically filed in the court. The paralegal-scrivener can correct spelling and grammar and make the pleading look professional. But independent paralegals can't give legal advice on behalf of the pro se litigant. If the paralegal is looking up cases and drafting arguments, to which the pro se litigant then signs his name, that looks like unauthorized practice of law to me. Not legal advice, just general information. I don't hold Pennsylvania licensure and don't practice there. If you need legal advice, please consult a lawyer who does.
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L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
ADDENDUM: Ironically, independent paralegals CAN and DO perform legal research and draft up pleadings for LAWYERS to sign. So long as a lawyer is ultimately responsible for the content of the paralegal's pleading, the paralegal's services are not *unauthorized* practice of law, which is the issue of concern to the bar and to the public.
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