Dear PAO,
I have hired the services of a private lawyer, but when I need his legal advice or opinion about my labor case, his paralegal always provides it. What is the job of a paralegal, and is he legally allowed to give legal advice or an opinion?
Ruben
Dear Ruben,
Please be informed of Sections 34 and 35, Canon II, of A.M. 22-09-01-SC dated April 11, 2023, issued by the Supreme Court, also known as the “Code of Professional Responsibility and Accountability,” which provides the legal tasks that a lawyer shall not permit or delegate to a non-lawyer or paralegal:
“SECTION 34. Paralegal services; lawyer’s responsibility. – A paralegal is one who performs tasks that require familiarity with legal concepts, employed or retained by a lawyer, law office, corporation, governmental agency, or other entity for non-diagnostic and non-advisory work in relation to legal matters delegated by such lawyer, law office, corporation, governmental agency, or other entity.
“A lawyer must direct or supervise a paralegal in the performance of the latter’s delegated duties.
“The lawyer’s duty of confidentiality shall also extend to the services rendered by the paralegal, who is equally bound to keep the privilege.
“SECTION 35. Non-delegable legal tasks. – A lawyer shall not delegate to or permit a non-lawyer, including a paralegal, to:
“(a) accept cases on behalf of the lawyer;
“(b) give legal advice or opinion; xxx
“These provisions shall not apply to law student practitioners under Rule 138-A of the Rules of Court.” (Emphasis added).
Based on the aforesaid Code, a paralegal is a person who performs non-diagnostic and non-advisory work in relation to legal matters delegated by a lawyer or law office who employed or retained him or her. Therefore, a paralegal is not permitted to give legal advice or opinion regarding your labor case, and your private lawyer should not permit or delegate this to his paralegal, as this task involves an evaluation of the case and application of the law, which is reserved for those who have been granted the privilege to practice law.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
