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Paralegals must work under the supervision of lawyers. Paralegals may provide legal information but not legal advice. A paralegal who offers legal advice to a layperson is engaging in the unauthorized practice of law.
Criminal Law
A paralegal may state that information about arson is available in Chapter X of the Michigan Penal Code. A paralegal may not advise a mother whether her child's setting the church on fire while acting as an altar server constitutes arson.
Litigation
A paralegal may tell a defendant that her answers to interrogatories are due within 28 days of service, per MCR 2.309(B)(4). A paralegal may not advise a client what to say in those answers or how to say it.
Probate and Estate Law
A paralegal may inform a layperson that "writings intended as a wills" may be treated as wills under Section 700.2503 of the Estates and Protected Individuals Code. A paralegal may not advise a layperson whether a specific document in his possession may be treated as a will.
Adoption
A paralegal may state that there are 55 different adoption forms available through the State Court Administrative Office. A paralegal may not advise a layperson which forms should be used in a specific adoption or how they should be completed.
Landlord-Tenant
A paralegal may tell a landlord that a set of approved forms for use in landlord-tenant matters is available through the State Court Administrative Office. A paralegal may not advise a landlord which form should be used or how to proceed in a specific situation.
Source:
State Court Administrative Office
Resource:
American Bar Association Standing Committee on Paralegals
National Association of Legal Assistants, Inc.
National Federation of Paralegal Associations, Inc.
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