The Ethics of Knowing Your Limitations

Ellen Lockwood, ACP, RP

Ellen Lockwood, ACP, RP

We know all paralegals have superpowers, and that smart attorneys value their paralegals as an important part of their practices. But just as superheroes only have a few superpowers, not to mention at least one significant weakness, paralegals also have their limitations.

Paralegals should welcome the opportunity to try new things and it is healthy to have confidence that you will be able to do new tasks. However, confidence isn’t equivalent to experience. Paralegals should proceed carefully before undertaking any of the following:

• Working in a new area of law

Learning a new area of law is often easier than learning your first area of law as you already understand how the law works, as well as legal procedure. However, knowing a little about a new area of law does not equal the knowledge of paralegals experienced in that area of law. You may think a particular area of law is easy and that you can perform work in that area as well as someone else because you are smart and frankly, how hard can it be? Unfortunately, that attitude is not only unwelcome in most firms and companies, it is also the kind of arrogance that can cause you to make mistakes because you don’t know everything after all.

• Working in an area of law that is new to your attorney

A paralegal’s experience in a particular area of law is not a substitute for consulting an attorney who practices in that area. Paralegals may provide information about issues involving an area of law with which the paralegal is experienced which may be a convenient way for the attorney to gain a basic understanding of the legal concepts and issues raised in the matter. The paralegal may then assist the attorney in gathering pertinent information from the client and other resources to provide to the expert for review and analysis before the expert advises on how best to proceed.

• Figuring out new things on your own

There are many resources for paralegals to use to determine how to do many things you may not have done previously. (One of the best resources is the vast knowledge of PD members through the eGroup Forum.) However, determining which form to file or the next steps to take in a proceeding doesn’t necessarily include an understanding of why what you are doing is required or recommended. Paralegals should be aware that without the understanding that comes from experience, there is a risk you will overlook some important aspect of the task. The more you learn about your area of law, the more you realize the implications of certain actions and the variables that can affect a course of action.

Your attorney usually assumes you know what you are doing, and the client has every right to assume you are competent and knowledgeable about the work you are performing. While paralegals should not be discouraged from trying new things, it is important to be aware of your limitations. Do not confuse confidence for competence.