mediation and what I needed to do is go to his lawyer's office and tell the paralegal what i want and he/she would take care of the rest. Is that a proper procedure? Should I be worried?
Paralegals cannot engage in the unauthorized practice of law. This means that paralegals CANNOT GIVE LEGAL ADVICE.
If a paralegal is working under the direct supervision of an attorney, then they can draft documents and do other basic functions, but it would be improper for that person to act in the capacity of a lawyer.
Moreover, there may be a conflict of interest if the attorney for whom the paralegal is working gives you the impression he/she is working for both you and your husband. You would be better off hiring your own lawyer, or seeking the services of an attorney who is a mediator and does not represent either of you.
I've quoted the relevant law for you below:
The Business and Professions Code defines "paralegal" as a person who is qualified by education, training, or work experience, who either contracts with or is employed by an attorney who performs substantial legal work under the direction and supervision of an active member of the State Bar of California.
B&P Code 6450(b) states that a paralegal shall not 1) provide legal advice, 2) represent a client in court, 3) "select, explain, draft, or recommend the use of any legal document to or for any person other than the attorney who directs and supervises the paralegal," 4) act as a runner or capper, 5) engage in conduct that constitutes the unlawful practice of law, 6) contract with, or be employed by, a natural person other than an attorney to perform paralegal services."
B&P Section 6451 states "It is unlawful for a paralegal to perform any services for a consumer except as performed under the direction and supervision of the attorney, law firm, corporation, government agency, or other entity that employs or contracts with the paralegal."
B&P Section 6452 states "It is unlawful for a person to identify himself or
herself as a paralegal on any advertisement, letterhead, business card or sign, or elsewhere unless he or she has met the qualifications of subdivision (c) of Section 6450 and performs all services under the direction and supervision of an attorney who is an active member of the State Bar of California..."
If you would like more information about the divorce process, explained in simple and easy to understand terms, please click on the links below. Good luck to you.
Pamela Janet RossDivorce / Separation LawyerCastro Valley, CA ·
Not unless the paralegal has other qualifications that make them a trained mediator. California has higher requirements than most other states on qualifications for mediators.
He may mean that they want to discuss with you, what you would be willing to agree to so that you can possibly agree and do a stipulated judgment instead of going back and forth on . It should be the attorney that does this with you (assuming you do not have an attorney) and never their paralegal because it is practicing law. I often contact the other side's attorneys or the nonrepresented parties to see if they are willing to work out an agreement.
