May paralegals negotiate settlement agreements?


Tex. Disciplinary R. Prof. Conduct 1.01 requires that a lawyer provide “competent and diligent representation” to a client. According to Texas Ethics Opinion 396 “the offers and counter-offers that constitute realistic bargaining for settlement, the judgment of the defendant’s attorney as to when and how much should be offered, and of the Plaintiff’s attorney as to the adequacy of the offer, is itself a measure of competence. The client is entitled to this full measure of competence from his attorney in the bargaining process, and to the benefit of his attorney’s analysis and recommendation concerning all offers of settlement. After the full disclosure and recommendation from the attorney, the burden of decision then shifts to the “client.” Therefore, it would seem that paralegals are precluded from negotiating settlement agreements.