Tuesday, 4 November 2014

in illinois, can a paralegal from another state file motions with circuit court

Question

in illinois, can a paralegal from another state file motions with circuit court



Answer

Generally, the response must be: no. Of course, if the paralegal is a party or interested person in the case, he/she may file a motion; but cannot represent another person or legal entity.



Answer

You cannot do the work of a lawyer. You can file, but you cannot draft a pleading without a lawyer's supervision.



Answer

When you say "file," if you mean the physical act of taking a document prepared by a licensed attorney to the circuit clerk's office, that is perfectly acceptable. If you mean prepare and sign a motion, then the answer is absolutely not, unless the paralegal is actually the plaintiff or defendant. This would be considered the unauthorized practice of law. You also mention "from another state." The attorney who employs the paralegal must be licensed in the state in which the matter was filed, or he or she must petition the court for permission, called pro hac vice.



No comments:

Post a Comment