Considerations of Legal Ethics for Paralegals
Paralegals are vital assistants for licensed attorneys. They are often privy to confidential documents, information, and facts about cases the attorney they are working for has. While paralegals are not always licensed to do their job duties, they are still held to high ethical standards, many of which are passed down from their supervising attorney.[1] Paralegals are bound by professional conduct codes that ensure they are acting responsibly to maintain client confidentiality and avoid conflicts of interest.
One of the most fundamental ethical standards paralegals must recognize is boundaries of their role. That role must be specifically disclosed in a variety of circumstances, including when working with a client, other attorneys, administrative individuals, the general public, and the courts, as long as the paralegal is participating in an activity that is part of their professional duties.[2] Failing to disclose their status as a paralegal who cannot provide legal advice would be a primary ethical violation.
Paralegals may perform a variety of legal work, which varies based on the state they are working in at the time, but they must use caution to avoid unauthorized practice of law.[3] The attorney supervising the paralegal should provide clear instructions about what is considered acceptable. For example, paralegals may not provide legal advice to clients or negotiate fees, but they may be able to draft documents. Understanding the firm boundaries of their role with their supervising attorney can prevent potential ethical violations on the part of the paralegal and the attorney who’s charged with ensuring the paralegal complies with all applicable standards.
Paralegals are considered an extension of the attorney they are working for, particularly when it comes to client confidentiality. Paralegals are not part of attorney-client privilege, which extends only the actual attorney; however, that does not relieve them of their duty to protect confidentiality in the same manner as the attorney would.[4] Attorneys often have paralegals sit in on interviews and other components of a case, which means the paralegal may hear confidential information. Failing to uphold a client’s confidential information could lead to harm to the client, which could lead to disciplinary actions, including termination.
Paralegals who cross ethical lines can face significant consequences for those actions. While most supervising attorneys will uphold the ethical standards they are subjected to, which includes ensuring their legal assistants and paralegals act in an ethical and professional manner, some opt to try to push paralegals into unethical actions.[5] Paralegals must recognize these and be willing and able to speak up if that situation occurs.
Ethical standards for paralegals are set through a variety of organizations, including the American Bar Associations, state bar associations, the National Association of Legal Assistants, and the National Federation of Paralegal Associations[6]. Staying abreast of the current ethical standards, such as those being introduced because of artificial intelligence prevalence and popularity of online activities, can be difficult for paralegals, but they must ensure they remain in compliance.[7]
[1] Model Rules of Pro. Conduct r. 5.3 (Am. Bar Ass'n 2024).
[2] National Association of Legal Assistants, Model Standards and Guidelines for Utilization of Paralegals (Feb. 25, 2023).
[3] Melody S. Johnson, The Crucial Role of Ethics in the Paralegal Profession, Facts & Findings, May 2024, at 17.
[4] Attorney-Client Privilege: Are Paralegals Involved?, First Legal (Aug. 25, 2021)
[5] Alicia Mitchell-Mercer, The Cleanup Trap: When Paralegals Are Asked to Cross the Line, Facts & Findings, May 2025, at 14–15.
[6] National Federation of Paralegal Associations, Position Statements & Issues: Ethics, NFPA.
[7] Melody S. Johnson, Mentoring Ethics: Guiding the Next Generation of Paralegals, Facts & Findings, Sept. 2024, at 14–15.