Keep in mind that this is a stamp of the attorney’s signature, not just the attorney’s name, so using an attorney signature stamp is the equivalent of a paralegal signing the attorney’s name “by permission.” For letters that do not include legal advice or that deal with some administrative matters, using a stamp is probably fine. However, using an attorney stamp on pleadings, engagement letters, settlement offers and documents, correspondence that includes legal advice and particular court documents is never appropriate. If you have any doubt as to the use of an attorney signature stamp, insist that the attorney sign the document. It is always safer, and never incorrect, to have an original attorney signature.
The Texas Criminal Court of Appeals has held that the use of a signature stamp on a notice of appeal was “ineffective to show personal authorization” and did not “comply with the legislatively mandated guarantee that the only person permitted by statute to make an appeal on behalf of the State actually participated in the process.” See State of Texas v. Shelton, 830 S.W.2d. 605 (Tex. Crim. App. 1992). See also State of Texas v. Roberts, 940 S.W. 2d 655 (Tex. Crim. App. 1996). The logical assumption from these cases is that is is never correct to use an attorney’s signature stamp on a pleading, settlement agreement, or other official document, even if the attorney instructs you to do so.
A paralegal may not solicit legal business, either for herself or for an attorney. This is not to say that freelance paralegals cannot solicit attorney clients; they just cannot solicit non-attorney clients for whom they provide direct legal services. See Tex. Disciplinary R. Prof. Conduct 7.03 and Canon 5. See also Texas Penal Code 38.12, Barratry and Solicitation of Professional Employment.
Under no circumstances may a paralegal, or anyone who is not a licensed attorney, accept a referral fee from an attorney. Receipt of and making these payments are considered a felony. See Tex. Disciplinary R. Prof. Conduct 7.03 and 38.12, Barratry and Solicitation of Professional Employment, Texas Penal Code.
Ethics complaints against attorneys may be filed through the State Bar of Texas. The Bar may be contacted at 800.204.2222 or on-line at www.texasbar.com (follow the links for “Client Assistance & Grievance”). The Chief Disciplinary Counsel of the State Bar administers the attorney grievance system in accordance with the Rules of Disciplinary Procedure.
As paralegals must be appropriately supervised by attorneys, ethics complaints against paralegals that are not members of the Paralegal Division may be filed against the subject paralegal’s supervising attorney through the State Bar of Texas. The Bar may be contacted at 800.207.2222 or online at www.texasbar.com (follow the links for “Client Assistance & Grievance”). The Chief Disciplinary Counsel of the State Bar of Texas administers the attorney grievance system in accordance with the Rules of Disciplinary Procedure.
If the complaint involves the unauthorized practice of law, the complaint may be filed through the Supreme Court of Texas Unauthorized Practice of Law Committee at www.txuplc.org. Members of local subcommittees that are appointed by the Committee are charged with investigating UPL complaints.
Written complaints should be submitted to Paralegal Division Coordinator, Paralegal Division, State Bar of Texas by e-mail to pd@txpd.org. For more details on the grievance process, see the menu above: ABOUT > Standing Rules (PDF).
Yes, but only in certain instances. If your attorney asks that you contact opposing counsel for scheduling purposes, you may make an agreement as to dates and locations. If your attorney asks that you contact opposing counsel to obtain an extension of time in which to object and respond to discovery requests, you may obtain that agreement on his behalf. Keep in mind that any agreements between attorneys or parties touching on a pending suit must be in writing and filed with the court in order to be enforced. Thus, the Rule 11 letter will bear the signature block of, and be signed by, your attorney and not by you, even “with permission.” See T.R.C.P. 11.
Responsibilities that require the competent professional judgment of the lawyer cannot be delegated. Permitting a non-lawyer employee to prepare and sign correspondence that threatens legal action or provides legal advice or both creates the appearance that the lawyer is not exercising his or her legal knowledge and professional judgment in the matter. See Georgia Formal Advisory Opinion Board, Op. 00-2 (2000).
The general rule for paralegals is as follows:
A paralegal may sign correspondence, including e-mail correspondence, so long as no legal advice is given and the paralegal’s name, title, and either the firm name or the name of her supervising attorney are given.
A paralegal may sign correspondence from an attorney by permission so long as the paralegal’s title is clearly indicated and the letter does not contain legal advice or agreements. If the letter contains legal advice or agreements, the attorney should sign or have another attorney sign by permission.
A paralegal is not allowed to sign legal agreements, pleadings or certificates of service.
No. It is unethical to charge a client for work you did not perform and is tantamount to stealing. Only the person who performed the work on behalf of a client may charge for it.
No. This is referred to as “double billing” and is tantamount to stealing. If you use part of the travel time to do another client’s work, subtract that amount of time from the travel time billed to the first client. In other words, partition your time and charge each client for the time actually spent working on their file or while traveling in connection with business.
