Formation Of Attorney Client Relationship California In Wayne
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Canon 1 – A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; (b) establish attorney-client relationships, set fees, give legal opinions or advice, or represent a client before a court or agency unless so authorized by that court or agency; ...
Even though paralegals do a lot of the administrative work within a firm, know the law, and work with clients, they are not lawyers. Paralegals cannot give legal advice, make decisions on behalf of clients, or represent clients in court as they are not licensed attorneys.
Canon 1 – A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; (b) establish attorney-client relationships, set fees, give legal opinions or advice, or represent a client before a court or agency unless so authorized by that court or agency; ...
Rule 4.1 Truthfulness in Statements to Others (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Business and Professions Code section 6068, subdivision (e)(1) or rule 1.6.
The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.
They may conduct research, liaise with clients, and perform interviews, among other roles, but they cannot represent clients or offer them legal advice.
(b) Notwithstanding subdivision (a), a paralegal shall not do the following: (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.
Except when created by court appointment, the attorney-client relationship may be found to exist based on the intent and conduct of the parties and the reasonable expectations of the potential client.
You reference spending 7 years with a firm. Some firms do make decisions about partnership after 7 years; however, many firms have partnership tracks based on 8, 9, 10 or 11 years. At a firm with a track of 10 years, it would not be at all unusual to be a 7th year associate that was not yet up for partner.