Legal Question in Bankruptcy in California
Can a paralegal sign contracts for attorney. A paralegal signed her name above the attorney's typed name on a bankruptcy retainer agreement. Is that legal?
3 Answers from Attorneys
If you didn't actually get to meet and talk to the attorney, stop payment on your check.
I don't like it. I agree with Mr. Stone that you should meet with the attorney to whom you're paying good money to represent you. While many bankruptcies could be considered routine in a law office, for the person going through the bankruptcy, it's anything but. The client must have confidence in the attorney providing representation, and only having contact with a paralegal does nothing much to bolster such confidence.
Attorney retainer agreements are supposed to memorialize the rights and obligations of the respective parties. If the attorney doesn�t sign, it defeats that goal. The California State bar as well as the Federal bankruptcy bar has ethical rules regarding these kinds of agreements. In this case, the client can enforce the agreement but the attorney cannot and has probably violated the Business & Professional code as well.