If a client requests representation and the matter is outside the paralegal's scope of practice, what must the paralegal do?

If a client requests representation and the matter is outside the paralegal's scope of practice, what must the paralegal do?

• A. Declines to act when a matter is outside the permitted scope of practice.
• B. Refers the client to another professional who can handle the matter.
• C. Accepts the matter if the client agrees to an alternative service.
• D. Seeks a waiver from the regulatory body.

Answer: (A)

When a matter is outside a paralegal’s authorized scope of practice, the essential rule is to avoid taking on the representation at all. Paralegals are limited to the activities they’re empowered to perform, and engaging in representation beyond that scope can amount to unauthorized practice of law and professional misconduct. So the correct action is to decline to act in that matter. If appropriate, you can guide the client toward a licensed attorney or another qualified professional who can handle the issue. Choosing to accept the matter, or seeking a waiver, would still put you outside your permitted role, which is not permissible.

When a matter is outside a paralegal’s authorized scope of practice, the essential rule is to avoid taking on the representation at all. Paralegals are limited to the activities they’re empowered to perform, and engaging in representation beyond that scope can amount to unauthorized practice of law and professional misconduct. So the correct action is to decline to act in that matter. If appropriate, you can guide the client toward a licensed attorney or another qualified professional who can handle the issue. Choosing to accept the matter, or seeking a waiver, would still put you outside your permitted role, which is not permissible.