Paralegals Running a Case — A Lawyer’s Duty

Although a paralegal may assist, it is the lawyer who should be making the legal decisions including the legal strategy in your case.

Although a paralegal may assist in developing discovery (written questions and requests for production of documents) to be sent to the other side, and in responding to the other side’s discovery, it is the lawyer who should thoroughly review and complete these tasks.

If any legal analysis needs to completed, your telephone calls and emails should be returned by a lawyer.

A client should not have to wait an unreasonable period of time for a returned call or email. It might take longer if the lawyer is in trial, but the wait should not be interminable. A failure to communicate with a client may be an ethical violation by the lawyer, and should result in the client discharging the lawyer.

So when someone tells me that he/she has never met the lawyer and that his/her only contact has been with a case manager/paralegal/secretary, I know that the client has not been well represented.

Clifford M. Miller
Florida Bar Board Certified Civil Trial Lawyer
Miller Law Offices
3760 20th Street
Vero Beach FL 32960-2464