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Top Story

Apr. 08, 2009

Lane speaks out about paralegals

By GINA B. GOOD
PVT

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In his ruling concerning Calvada neighbors Donald Quinn and Timothy and Amy Maples, District Court Judge Robert Lane indicated strong opinions where paralegals are concerned.

"The court is aware that paralegals often give legal and procedural advice and then direct their clients to deny it, thus avoiding accountability or responsibility for misapplying the law, bad advice, misleading the court, failing to apply the facts to the law (and) making mistakes on procedure," wrote Lane.

He said he will notifiy the state Bar in future instance when paralegals misread the law or misdirect their clients.

"In many cases the court observes pleadings written by paralegals that insult attorneys, other parties and sometimes come close to insulting the court," he wrote.

In this case, he continued, "There has been continuing misapplication of facts, law, argument and logic, which frustrates the court. The court cannot tell if the paralegal who has handled this case and wrote the briefs is lacking capability, sincerely confused, or purposely attempting to mislead the court in hope the court will not catch the flaws in his argument."

Lane said Maples was not well served and his pleadings and arguments were difficult to follow: "The legal advice he has been given is shoddy and far short of effective."

The judge said he would continue to be patient with pro se defendants, ensuring they do not get steamrolled and fully understand court and legal rules.

He said a review of the transcript of the hearings demonstrates how the court "repeatedly attempted to assist the defendant in this case, within the rules of ethics and the law. The common argument for not having an attorney is that money is tight ... which the court understands."

Paralegals aside, he continued, "It is wiser and often more cost effective to hire an attorney, depending on the complexity of the case (and) the importance of winning."

But he also stressed the need for proper presentation. "They must be ready when they walk into court."

While attorneys have to pay dues and face complaints to the state Bar, face malpractice suits and can even be sanctioned or disbarred, Lane said, "Paralegals are not accountable in the same way. Paralegals are not allowed to practice law or give legal advice."










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