Essential Ethical Guidelines Every Paralegal Must Follow to Protect Their Career
Ever heard the saying, “Just because you can do something doesn’t mean you should”? That’s especially true in the legal world, where the line between ethical paralegal work and the unauthorized practice of law (UPL) can sometimes feel blurry.
Case in point—two New Jersey lawyers, John Robertelli and Gabriel Adamo, found themselves in hot water when their paralegal—acting under their instructions—sent a Facebook friend request to a litigant just to snoop on their private posts, without revealing that she worked for the law firm. 👀. (Weiss, ABA Journal)
This gave her access to private content, which the lawyers later tried to use in court by presenting the paralegal as a witness along with Facebook printouts. When the plaintiff discovered what had happened, he filed a complaint.
The entire case took a turn, leading to an ethics investigation that could have serious career consequences. Mistakes like these aren’t just embarrassing—they can mean malpractice lawsuits, lost jobs, and even legal trouble. That’s why understanding the ethical boundaries of paralegal work isn’t just a good idea—it’s a must.
Let’s make sure you (and your firm) stay on the right side of the law ⬇️
Key Ethical Boundaries Every Paralegal Needs to Know
The American Bar Association (ABA) Model Guidelines for the Utilization of Paralegal Services exist for one big reason—to keep legal teams running smoothly without crossing into unauthorized practice of law (UPL) territory 🚫⚖️.
These guidelines aren’t just suggestions; they’re guardrails that protect attorneys, paralegals, and clients alike:
No Legal Advice – Clients may come to you with questions like, “What should I do next?” or “Do I have a strong case?”—but answering those crosses the line. Instead, direct them to the supervising attorney. Even casual, well-intended advice can be seen as practicing law without a license.
No Court Appearances – Paralegals play a HUGE role in trial prep, but actually stepping into the courtroom as a representative? That’s off-limits. Only licensed attorneys can formally represent clients in legal proceedings (for the most part)!
Always Disclose Your Non-Attorney Status – Clients, opposing counsel, and even the court should never be misled into thinking you’re an attorney. Whether in emails, phone calls, or written communications, always make it clear you’re working under attorney supervision.
Client Confidentiality is Non-Negotiable – Confidentiality breaches aren’t just ethical violations—they can destroy cases and careers. Whether you’re talking to a friend, posting online, or chatting in the office, keep client information locked down 🔒.
Work Under Attorney Supervision – Even the most skilled, experienced paralegals need an attorney guiding their work. That oversight ensures compliance with the law and protects everyone involved.
By sticking to these guidelines, paralegals not only safeguard their own careers but also strengthen their firm’s credibility & protect clients from costly legal missteps. And that’s what ethical legal support is all about. 💼✨
Navigating Ethical Gray Areas in Paralegal Work—Where’s the Line?
Even the most well-meaning paralegals can find themselves in tricky ethical situations—sometimes without even realizing it. Here are some of the most common gray areas & how to handle them the right way:
When does “helping” become legal advice?
You’ve been working on a case for weeks, and a client asks, “Do you think I should accept this settlement?” Seems harmless, right? Not so fast. Offering an opinion—no matter how subtle—counts as legal advice if it guides their decision-making.
Instead, redirect them: “That’s a great question for your attorney! Let me grab them for you.” Boom—ethical dilemma dodged ✅.
What if you’re a notary & paralegal?
Juggling multiple legal hats? It’s essential to keep them separate. If you’re a notary and a paralegal, be crystal clear about your role in each interaction.
Never notarize documents for a case you’re working on—it creates a conflict of interest & could make documents legally questionable. When in doubt, pass it off to another notary in the firm.
What if an attorney asks you to do something…unethical?
It’s uncomfortable, but it happens. Maybe an attorney asks you to backdate a document, make edits to evidence, or communicate with a client in a way that feels off. If your gut says “this doesn’t seem right”, listen to it. Here’s how to handle it:
Clarify: Politely ask, “Just to confirm, this is within the ethical guidelines, correct?” Sometimes, a simple question makes them rethink.
Document It : If you’re pressured to do something sketchy, keep a record. Emails, notes—whatever you need to cover yourself.
Escalate If Needed: If the request is outright unethical, take it to firm leadership or your state bar association. No job is worth risking your professional integrity.
How Law Firms Can Support Ethical Paralegal Work
Staying ethical isn’t solely a paralegal responsibility; it’s a team effort. The best law firms create a culture where ethical decision-making is expected.
Here’s how we’d recommend firms support their paralegals (coming from paralegals):
Clear policies & ongoing training matter
Ethics isn’t exactly a one-and-done thing. Laws evolve, ethical guidelines shift, and new challenges pop up all the time.
That’s why firms should have clear, written policies outlining exactly what paralegals can and cannot do. Regular training—whether through CLEs, workshops, or firm-led discussions—keeps everyone sharp and prevents ethical missteps before they happen.
Attorneys NEED to lead by example
Attorneys set the tone for how ethical (or not) a firm operates. If they cut corners or push ethical boundaries, paralegals may feel pressured to follow suit—or worse, get caught in the fallout.
Attorneys should be proactive in supervising their paralegals, ensuring they have the right guidance, support, and clarity on their role. A strong attorney-paralegal relationship built on trust and transparency keeps the firm’s ethical standards intact.
An open-door policy can prevent ethical nightmares
Reporting unethical behavior isn’t easy. No one wants to feel like they’re throwing a colleague under the bus.
Firms should create a judgment-free, open-door policy where paralegals feel safe bringing up ethical concerns before they turn into major problems.
Encouraging open discussions, anonymous reporting options, and a firm-wide "if you see something, say something” mindset ensures that issues get addressed early.
At Knoxville Paralegal Services (KPS), we believe that upholding these standards isn’t just about avoiding mistakes, it’s about preserving the integrity of the legal system and ensuring every client gets the fair and just representation they deserve!
For fellow paralegals, staying informed is key. Take the time to review the ABA guidelines regularly, seek mentorship from experienced legal professionals, and never hesitate to ask questions when an ethical dilemma arises. The strongest paralegals are the ones who prioritize integrity as much as efficiency. ⚖️
For attorneys looking to streamline their workload while ensuring top-tier compliance, we’re here to help. KPS provides skilled virtual paralegal services to licensed attorneys nationwide—so you can focus on high-level strategy while we handle the details.
💼 Book your FREE consultation call today to see how we can support your firm with ethical, efficient, and expert-level legal assistance: HERE
If we haven’t met yet, I’m Brooke—founder of Knoxville Paralegal Services (KPS) and paralegal of 18+ years 😊 We are a contract paralegal company based in Knoxville but serve attorneys NATIONWIDE. We handle assignments remotely and as an “on-demand” service.
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Sources:
American Bar Association. American Bar Association, www.americanbar.org. Accessed 1 Mar. 2025
Weiss, Debra Cassens. "Lawyers Accused of Using Paralegal to ‘Friend’ Litigant Face Ethics Probe After Initial Rejection." ABA Journal, 20 April 2016, www.abajournal.com/news/article/lawyers_accused_of_using_paralegal_to_friend_litigant_face_ethics_probe_aft. Accessed 1 Mar. 2025
