Legal Question in Legal Malpractice in California

Re: Attorney Vs. Paralegal

It is against the law for any non-attorney to give legal advice or to represent someone in court. To find out if some one is an attorney you can look up their name at www.calbar.org. as far as being a paralegal, there is no such thing. It is a title people give themselves. There are some schools that will give you a certificate but it has no legal effect. If he gave you a card saying he is an attorney and he is not he is committing a crime and you can sue him for fraud.

Re: Attorney Vs. Paralegal

There is a certification process for paralegals, and recent legislation that defines a paralegal and further describes the duties of paralegals. While one does not need certification, they are required to work under the supervision of an attorney.

They could provide service with the supervision of a licensed attorney, including interviewing a client, but the attorney is ultimately responsible for the actions of a paralegal. Even with certification, a person cannot call herself a paralegal unless she is working under an attorney's supervision.

I do not have the reference to the code with me at the moment, but if you would like is, send me an email.

If the individual is representing herself as an attorney, you have a civil cause of action, and they could be prosecuted criminally.