“I can’t give you legal advice.”
It’s the most important phrase in a paralegal’s vocabulary. Yet, in the fast-paced, client-focused world of a modern law practice, it can feel like a constant balancing act. Clients are stressed, attorneys are busy, and the line between providing helpful “legal information” and dispensing harmful “legal advice” can seem perilously thin.
Navigating the unauthorized practice of law (UPL) is not just an ethical duty—it’s a critical risk management skill that protects your client, your supervising attorney, and your own career.
The Gray Area: Information vs. Advice
The core of the challenge lies in this distinction:
- Legal Information (The Safe Zone): This is factual, procedural, and general.
- “The deadline to file this motion is next Tuesday.”
- “Here is the standard court-approved form for a change of address.”
- “The attorney has received your documents and is reviewing them.”
- Legal Advice (The Danger Zone): This involves applying the law to a specific set of facts or recommending a course of action.
- “You should definitely file that motion by next Tuesday.”
- “You don’t need to include that on your form.”
- “Don’t worry, I’m sure the attorney will get you a great settlement.”
Practical Strategies for Staying on the Right Side
In the real world, conversations are not this clean. A client may ask, “So, what form do I use?” which is a request for information. But they might immediately follow up with, “And what should I write for question 5?” which is a clear request for advice.
- Always Identify Yourself: In every email and on every call, make it clear that you are a paralegal, not an attorney. This sets expectations from the very first interaction.
- Use “If-Then” Phrasing Sparingly: Be careful with hypotheticals. A client may not distinguish between a general example and advice tailored to them.
- Create “Go-To” Scripts: Have professional, empathetic responses ready. Instead of a blunt “I can’t help you,” try:
- “That’s an excellent question that requires a legal opinion. Let me make a note of it and have the attorney get back to you with their analysis.”
- “I can explain what the form’s instructions say, but I can’t advise you on how to fill it out for your specific situation.”
- When in Doubt, Stop: The moment you feel uncomfortable or unsure, stop. It is always better to pause the conversation and check with your supervising attorney than to push ahead and risk committing UPL.
Ultimately, being a great paralegal isn’t about knowing all the answers; it’s about understanding the boundaries of your role. By mastering this ethical line, you build trust and prove your professionalism, making you an invaluable asset to any legal team.
Please note: Any opinions discussed in this article belong solely to the author, Hunter Ayers, and do not necessarily reflect the views of Capitol Lien.
About the Author
Hunter Ayers has been a valued member of Capitol Lien since May 2021, contributing thoughtfully and reliably across a range of projects throughout his four-year tenure. Known for his analytical mindset and collaborative spirit, he approaches challenges with clarity, precision, and a strong sense of purpose.
Hunter is currently pursuing dual majors in Management Information Systems and Business Analytics, along with a minor in Management, at the University of Minnesota Duluth. His academic focus reflects a deep interest in the intersection of technology, data, and organizational strategy.
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