Defining Freelance Paralegals

A freelance paralegal, also known as a contract paralegal, is no different than a traditional
paralegal except to the extent that s/he is not employed by an attorney in a traditional setting
such as a law firm, governmental entity or corporation. Rather, a freelance paralegal is retained on
an as-needed basis by many supervising attorneys in these settings. Freelance paralegals are
educated and qualified to perform paralegal work just the same as traditionally-employed
paralegals.


Difference between Freelance and Independent

An independent paralegal, also referred to as a forms practitioner or document preparer, usually
performs work without attorney supervision. Often, this work is not considered legally substantive,
but clerical in nature. Work is performed directly for, and delivered directly to the consumer, or
member of the public. This is completely different than work performed by freelance or contract
paralegals.

Freelance paralegals perform paralegal work with attorney supervision, unless otherwise permitted
by statute, administrative regulation or court rule. See the list of Federal & State Agencies
below for a list of these exceptions. The paralegal work is legally substantive, delegated and
reviewed by the supervising attorney, delivered to the attorney and would be accomplished by an
attorney, but for the paralegal performing the work.


Neither traditional nor freelance paralegals may engage in the unauthorized practice of law (UPL).
Prohibitions include:

may not give legal advice;

may not set, negotiate or accept legal fees;

may not sign legal documents; and

may not represent a client in court or before a tribunal unless permitted by statute,
regulation or court rule.

While no statistics exist to support or reject this premise, freelance paralegals may be more likely to be
targeted by authorities alleging UPL.

Consequently, they must be careful to document assignments received from attorneys and avoid giving
even an appearance of engaging in UPL.
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The below is a list of federal agencies that allow nonlawyer representation.

Federal Agencies That Permit Nonlawyer Representation

The statutory authority for each is shown after the name of the agency.

Board of Immigration Appeals
Immigration and Naturalization Service [8 CFR 292.1-3]
Bureau of Indian Affairs
Financial Assistance and Services Program [25 CFR 20]
Civil Aeronautics Board [14 CFR 300.1-6, 302.11]
Comptroller of the Currency [12 CFR 19.3]
Consumer Product Safety Commission [16 CFR 1025.61, et seq.]
Department of Agriculture
Food Stamps [7 CFR 273]
Marketing Service [7 CFR 50.27]
Department of Commerce
Patent & Trademark Office* [35 U.S.C. § 31-33]
*Only registered practitioners are permitted to practice. Nonlawyers become registered by passing a character and fitness review and an examination. Nonlawyers who
have served four years in the examining corps of the Patent and Trademark Office may waive the exam. See 57 CFR 1.341
Office of Secretary [5 CFR Part 1201]
Department of Health and Human Services
Food and Drug Administration [32 CFR 12.40, 12.45]
Public Health (Medicare, Part B) [42 CFR 405]
Welfare (Medicare, Aid to Families w/Dependent Children [45 CFR 205]
Department of Justice
Drug Enforcement Administration [21 CFR 1316.50]
Department of Labor
Benefits Review Board [20 CFR 802.201(b), 802.202]
Employees Compensation Appeals Board [20 CFR 501.11]
National Railroad Adjustment Board* [45 U.S.C. 3153]
*Only entities identified in 45 U.S.C. § 151 are allowed to practice. Almost 100% of nonlawyer representation is by industry employees.
Wage and Appeals Board [20 CFR 725.362(a), 725.365, 725.366(b)]
Department of Transportation
Maritime Administration* [46 CFR 201.21]
*Only registered nonlawyers are permitted to practice.
Department of Veterans Affairs
Veterans Administration [38 CFR 14]
Federal Deposit Insurance Corporation* [12 CFR 308.04]
*Only qualified nonlawyers are permitted to represent.
Federal Energy Regulatory Commission [18 CFR 385.2101]
Federal Maritime Administration* [46 CFR 502.30]
*Only registered nonlawyers are permitted to appear. Certificates of registration are issued on payment of processing fee and completion of application form indicating
sufficient educational qualifications and recommendations. There is no testing or formal licensing.
Federal Mine Safety & Health Review Commission* [29 CFR 2700.3(b)]
*Appearances are made at trial hearings before administrative law judges and at appellate reviews before commissioners. A nonlawyer may practice only if the
nonlawyer is a party, a representative of miners as described in 30 CFR § 10.1(b), or the owner, partner, full time [sic]officer or employee of the party-business entity;
otherwise a nonlawyer is permitted to appear for limited purpose in special proceedings.
General Accounting Office* [31 U.S.C. 731-732; 4 CFR 11, 28; GAO Orders 2713.2, 2752.1 and 2777.1]
*Permitted in adverse actions, grievance proceedings and discrimination complaints.
Internal Revenue Service* [13 CFR Part 10; 31 U.S.C. 330]
*Nonlawyers must become enrolled agents by passing a character and fitness review and successfully completing a special enrollment examination testing on federal
taxation and related matters. A nonlawyer may also qualify based on former employment with the IRS, provided such duties qualify the individual.
Interstate Commerce Commission* [49 CFR 1103]
*Only registered nonlawyers are permitted to practice. To register, applicant must (1) meet educational and experience requirements, (2) undergo character and fitness
review, (3) pass exam administered by the agency testing knowledge in the field of transportation, and (4) take an oath. See 49 CFR § 1103.3.
National Credit Union Administration [12 CFR 747]
National Mediation Board [agency governed by 29 CFR 1200]
National Transportation Safety Board* [49 CFR 821, 831, 845]
*Nonlawyer appearances are infrequent except at investigatory levels.
Nonlawyer participation is discouraged because technical expertise is required.
Occupational Safety and Health Review Commission [29 CFR 2200.22]
Small Business Administration [13 CFR 121.11, 134.16]
Social Security Administration [42 U.S.C. 406(a); 29 CFR]
Supplemental Security Income (SSI) [20 CFR 416, subpart O]
U.S. Customs Service [no statute or regulation]
U.S. Environmental Protection Agency [40 CFR 124, 164.30, 22.10]

State Agencies That Permit Nonlawyer Representation

In addition to nonlawyer representation at federal agencies, the below is an initial listing of state and local agencies that allow
nonlawyer representation.

Alaska
Human Rights Commission (Alaska Op. Att. Gen. 1979 WL 22915)
Nonlawyer may appear at an administrative hearing.

California
Workers Compensation (California Bar Committee on Professional Responsibility formal opinion 1988-103)
A law firm can allow its paralegals to represent clients at workers compensation hearings if there is supervision and the client consents
to nonlawyer representation.

California
Labor (California Labor Code, sections 5501, 5700)
Allows nonlawyer representation.

California
Unemployment (California Unemployment Insurance Code § 1957 (1956)
Nonlawyer may represent any individual claiming benefits in any proceedings before the Appeals Board.

Illinois
Department of Unemployment Security (820 ILCS 405/806)
A nonattorney may represent an individual or entity in any proceeding before the Director, referee or board of review.

Illinois
Workers Compensation (50 Ill. Admin Code Sec. 7020.40(b)
Nonlawyers may appear on routine matters such as agreed continuances or other agreed ministerial acts before the Industrial
Commission for workers compensation matters.

Michigan
Unemployment Compensation
Allows nonlawyer representation.

Minnesota
Workers Compensation
Nonlawyers allowed to represent employers before workers compensation administrative law judge.

New York
70% of state agencies and 63% of New York City agencies allow some form of nonlawyer representation.
[New York County Association, Committee on Legal Assistants, Committee Report (October 14, 1993)]

Ohio
Workers Compensation
Nonlawyers are allowed to represent parties before the Industrial Commission.

Washington - Seattle (King County)
Courts, King County Bar Association Opinion
Nonlawyers are allowed to present ex parte orders that have been agreed on.

Washington - Tacoma (Pierce County)
Courts, Pierce County Bar Association Opinion
Nonlawyers are allowed to present ex parte orders that have been agreed on.

Wisconsin
Workers Compensation
Allows nonlawyer representation.
Other Ethical Considerations of Performing Freelance Work

It is believed that freelance paralegals have the same ethical obligations as traditional paralegals. Freelancers should be
aware and take steps, to not only comply with those obligations, but also be able to demonstrate how they complied.

Extremely important in performing freelance work is maintaining a thorough conflict-of-interest searching mechanism.
Traditionally-employed paralegals rarely need to think of the process used by their employers to verify that no conflicts
of interest exist. However, freelancers must assume this responsibility and be able to document that a search was
conducted on each new matter should a question ever arise.

Properly identifying yourself as a paralegal also is more critical to freelance paralegals. Too often, terms like certified
are used loosely. Identifying yourself correctly is not only necessary, but also ethically responsible. If you receive a
degree from an institution, you are certificated by 'x'. If you successfully pass the NFPA PACE exam, you are a PACE
Registered Paralegal. If you pass the NALA CLA exam, you are a NALA Certified Legal Assistant. If you successfully
qualify for a state court's paralegal credential, then include the proper title to indicate by what entity you are certified,
licensed, registered or regulated.
THE ABOVE INFORMATION TAKEN IN PART FROM:

National Federation of Paralegal Associations, Inc. (NFPA®)
P.O. Box 2016, Edmonds, Washington 98020
Telephone: 425.967.0045 - Fax: 425.771.9588
Email: info@paralegals.org

National Paralegal Reporter, NFPA, PACE Registered Paralegal, RP, PACE, NFPA - The Leader of the Paralegal Profession and the NFPA design logo are all
Registered Trademarks/Service Marks of NFPA;  NFPA - Your partner in your profession, PACE - The Standard for Excellence,  NFPA Tech Institute and the PACE
design logo are Trademarks/Service Marks of NFPA.
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