Paralegal working her own case.

A paralegal working for an attorney can assist with a divorce case, including their own, as long as they adhere to strict ethical and legal guidelines. However, there are potential issues and safeguards that must be considered:

1. Ethical Concerns
   • Conflict of Interest:
   • If a paralegal is involved in their own case, there may be a perceived or actual conflict of interest, especially if they have access to sensitive information about their ex-spouse or the opposing counsel.
   • Impartiality:
   • The paralegal’s involvement could raise concerns about bias, which could lead to challenges from the opposing party.

2. Attorney Supervision
   • Paralegals are not allowed to provide legal advice or act independently; they must work under the supervision of a licensed attorney.
   • If the attorney is overseeing the paralegal’s case, the attorney must ensure that:
   • The paralegal’s work on their own case does not violate professional rules.
   • The paralegal does not gain unauthorized advantages or access to confidential information.

3. Court and State Rules
   • Rules Vary by Jurisdiction:
   • Some states or courts may have specific rules prohibiting or restricting paralegals from working on their own cases to avoid any appearance of impropriety.
   • Disclosure Requirements:
   • It may be necessary to disclose the paralegal’s dual role to the court and the opposing party.

4. Potential Problems
   • Access to Opposing Party’s Information:
   • If the paralegal has access to the opposing party’s confidential information or documents through their employment, this could be deemed unethical or improper.
   • Challenges by the Opposing Party:
   • The opposing party may argue that the paralegal’s involvement compromises the fairness of the case.

5. Best Practices
   • Limit Involvement:
   • The paralegal should avoid working on their own case beyond basic administrative tasks, such as preparing filings under the attorney’s supervision.
   • Attorney-Only Work:
   • Ensure that sensitive or strategic work is handled solely by the supervising attorney.
   • Full Disclosure:
   • The attorney should disclose the paralegal’s dual role to avoid any accusations of impropriety.
   • Seek Guidance:
   • Consult local rules and bar association ethics opinions to ensure compliance.

Conclusion

Yes, a paralegal can technically work for their attorney and assist in their divorce case, but it must be done carefully to avoid ethical breaches, conflicts of interest, or challenges to the case’s integrity. It’s wise for the attorney and paralegal to consult state ethics rules or seek guidance from a legal ethics expert.