Can I draft pleadings for someone if I am a paralegal?

1 attorney answer

• Generally, not independently.

  In Texas, drafting a pleading for another person’s court case is very likely considered the practice of law if you are doing it for that individual as their “paralegal,” especially if you are choosing claims, defenses, legal grounds, relief requested, strategy, wording, citations, or procedural steps. Texas Government Code § 81.101 defines the practice of law to include the “preparation of a pleading or other document incident to an action or special proceeding” and services requiring legal skill or knowledge.

  The safer Texas rule is:

  You may draft pleadings as a paralegal only under the direction and supervision of a licensed attorney. Texas ethics guidance recognizes that lawyers may delegate legal research and drafting to paralegals when the attorney reviews, approves, and remains responsible for the work.

  3 hours ago

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