Can a law firm hire a salaried nonlawyer to provide collective-bargaining services to the firm's clients, as long as that person gives no legal advice?
Apply this to your situation
This page answers the general question as of 1980. Ezel answers yours: whether it's allowed on your facts, under the current Illinois Rules of Professional Conduct, with citations.
Plain-English summary
A law firm asked whether it could employ a layperson to render collective-bargaining services to the firm's public- and private-sector clients, where the layperson would render no legal advice in form or substance.
The committee concluded it was not per se unethical. It relied on EC 3-6, which recognizes that a lawyer may delegate tasks to lay persons if the lawyer maintains a direct relationship with the client, supervises the delegated work, and has complete professional responsibility for the work product. The committee noted prior opinions allowing a firm to employ, on a stated salary, laypersons for particular non-legal tasks: an investigator to negotiate claim settlements subject to the lawyer's final approval, a layperson to handle patent searches, and a certified public accountant to assist with accounting problems arising in the firm's practice. The committee observed that a nonlawyer may represent a client in collective bargaining and general labor-relations work, and that, as long as the layperson performing those services renders no legal advice and the firm supervises and remains responsible for the work, the firm may employ the layperson on a salaried basis. The firm would assume full responsibility for any act by the layperson that would be unethical if done by a lawyer. The Code's concern, under Canon 3, is that lawyers not aid the unauthorized practice of law.
Currency note
This opinion was issued in 1980, under the former Illinois Code of Professional Responsibility and before Illinois adopted the 2010 Rules of Professional Conduct. The ISBA Board of Governors affirmed Part 1 of the opinion in July 2010 as generally consistent with the 2010 Rules (Rules 1.5, 7.1, and 7.2) and overruled Part 2 in January 1991, while cautioning that the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Common questions
Q: Can a law firm employ a salaried nonlawyer to provide collective-bargaining services to clients?
A: The opinion concluded it was not per se improper, provided the layperson renders no legal advice and the firm supervises the work and retains responsibility for it.
Q: What does the firm have to do to supervise the nonlawyer's work?
A: Per the opinion (relying on EC 3-6), the lawyer must maintain a direct relationship with the client, supervise the delegated work, and have complete professional responsibility for the work product.
Q: What happens if the nonlawyer crosses into giving legal advice?
A: The committee concluded it would be professionally improper for the layperson to render legal advice to the firm's clients, and the firm assumes full responsibility for any act by the layperson that would be unethical if done by a lawyer.
Background and rules framework
The opinion applied Canon 3 (a lawyer shall not aid the unauthorized practice of law), EC 3-6 (delegation to lay persons under supervision), and Rule 3-101(a). The Board's 2010 affirmation of Part 1 maps to current Illinois Rules of Professional Conduct 1.5, 7.1, and 7.2; the supervision and unauthorized-practice analysis corresponds to ABA Model Rules 5.3 (responsibilities regarding nonlawyer assistants) and 5.5 (unauthorized practice).
Citations and references
Rules of Professional Conduct:
- Canon 3; EC 3-6; Illinois Supreme Court Rule 3-101(a) (applied in the opinion)
- Illinois RPC 1.5, 7.1, 7.2 (2010 equivalents for the affirmed Part 1)
- MR 5.3 (nonlawyer assistants); MR 5.5 (unauthorized practice)
Other opinions cited:
- ISBA Opinions 286, 505, and 568: salaried laypersons may perform defined non-legal tasks under lawyer supervision
- ABA Formal Opinions 48, 292, 297, and 316; ABA Informal Opinions 523 and 909
See also
- ISBA Ethics Op. 707: Lay Intermediaries Between Lawyers and Clients
- ISBA Ethics Op. 705: Acting on Claims Solicited by a Lay Corporation
- ISBA Ethics Op. 744: Non-Resident Lawyer's Illinois Office Staffed by a Paralegal
Source
- Landing page: https://www.isba.org/ethics/opinions/684
Get today's answer for your situation
You just read a 1980 opinion on this question. Ezel checks the current Illinois Rules of Professional Conduct and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.