ANSWERS: 4
  • I'm not sure about being dis-barred, but I do know that to be a paralegal, there are no licenses or further education REQUIRED to practice, you just cannot give legal adivice. So, I assume that by definition, a dis-barred lawyer could in fact practice as a paralegal.
  • The definition of a paralegal is as follows: A non-attorney who works under the supervision of a lawyer. Paralegals typically draft motions and subpoenas, review documents, and file court papers. In the United States, many paralegals take a two-year course to become certified in the profession. In Canada, some paralegals work independently in private practice. You really got to do something bad to be disbarred: (from http://en.wikipedia.org/wiki/Disbar) Disbarment is a penalty for lawyers. It consists of no longer being allowed to practice law or argue cases. For most lawyers, this can essentially mean no longer having a livelihood. Generally disbarment is imposed as a sanction for conduct indicating that an attorney is not fit to practice law, such as being convicted of a felony, willfully disregarding the interests of a client, or engaging in fraud which impedes the administration of justice. In the United States legal system, disbarment is specific to regions; one can be disbarred from some courts, while still being a member of the bar in another jurisdiction. However, under the American Bar Association's Model Rules of Professional Conduct, which have been adopted in most states, disbarment in one state or court is grounds for disbarment in a jurisdiction which has adopted the Model Rules. END Wikipedia http://www.abanet.org/legalservices/paralegals/lawyers.html#3 (discusses what it is to be "cetrtified", ethics, et cetera as applied to the U.S.) In the U.S. at least, it appears that there is no reason a disbarred attorney cannot practice as a paralegal since they do not deal directly with clients and are supervised. I imagine that it would not be easy to get such a job with a reputable firm though. Most law offices that I have dealt with aren't keen on employing thieves and/or felons :) Hope this answers your question.
  • This depends on the terms of the disbarment. In some cases the Bar will forbid not only practicing as a lawyer but also from working in a lawyers firm. Firms which employ disbarred members are subject to disciplinary proceedings. So an individual who is disbarred may be forbidden from acting as a paralegal. Disbarment does not mean that a lawyer can never practice again. He/she can apply for reinstatement. it should be realised that in some US juriosdiction even those convicted of murder have been allowed to practice law.
  • It is not always true that there are no licenses or further education required to be a paralegal. That depends upon the State in which you reside. In states where paralegal certification is not required, an attorney that has been disbarred may work as a paralegal. Also, many firms will hire a disbarred attorney as a paralegal, clerk, etc. Many factors come into play, not the least of which is the reason for the disbarrment.

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