Is My Mother's Paralegal Giving Unauthorized Legal Advice? Tldr
My mother is currently involved in civil litigation against my father. She has hired an attorney and has also been paying a longtime friend of hers, who is a paralegal, to assist her with the case.
My mother and this friend have known each other for at least 15 years, so they have a longstanding relationship outside of the legal matter.
When my mother and I first sat down with her friend to discuss the case, she emphasized that she had over 20 years of experience working in the legal field. At the time, I didn't think much of it, but I've recently started questioning some of the things she's been telling my mother.
My first concern is that she has repeatedly been telling my mother that she has a strong case and a good chance of winning.
This hasn't been a one time thing either. She's been making statements like this for quite some time, although I've only recently started paying closer attention to what she's been saying.
My understanding is that paralegals aren't permitted to independently provide legal advice is that correct ? Is telling a client that they have a strong case and a good chance of winning constitute legal advice? Is this something a paralegal is allowed to say if she's working under an attorney's supervision, or should that come directly from the attorney?
My second and more significant concern involves promises about recovering legal expenses.
When my mother initially hired her attorney and her paralegal friend, my mother was told that she would recover the money she spent on both of their services once the litigation was resolved. she was led to believe that the money she was paying for her attorney and the paralegal's services would eventually be reimbursed. And my mom’s paralegal friend specifically told my mother on multiple occasions that she would recoup the money she was spending on this case.
However, we've recently learned that this is no longer expected to happen. We've been told that my father doesn't have sufficient funds to reimburse my mother for her legal expenses and that each party will have to cover their own attorney fees.
This particularly upsetting because my mother's friend repeatedly reassured her that she would get her money back. My final question is can a paralegal legally tell a client that she will recover all her attorney fees and paralegal expenses once litigation is resolved, especially when reimbursement is uncertain?
Location: Riverside California
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