Can a paralegal argue a motion in court for the employing lawyer's client if the client knows the paralegal is not a lawyer and the lawyer has briefed the paralegal?
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This page answers the general question as of 1980. Ezel answers yours: whether it's allowed on your facts, under the current Kentucky Rules of Professional Conduct, with citations.
Plain-English summary
The committee was asked whether a paralegal may appear in court and argue a motion for the client of the paralegal's employing lawyer, on the assumptions that the client understands the paralegal is not a lawyer and that the lawyer has instructed and briefed the paralegal. The committee answered no.
The opinion grounded the answer in the rules defining the practice of law and the supervision of nonlawyer assistants (SCR 3.020 and SCR 3.700). Arguing a motion in open court is conduct that constitutes the practice of law, which the assumptions in the question do not change: neither the client's awareness that the paralegal is not a lawyer nor the lawyer's preparation of the paralegal converts a courtroom appearance into permissible paralegal work.
Currency note
This opinion was issued in 1980 under Kentucky's former Code of Professional Responsibility (in effect 1971 to 1990), before the Kentucky Bar Association's 1990 adoption of the Rules of Professional Conduct (SCR 3.130) and the substantial 2009 revisions to those rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a paralegal argue a motion in court for the lawyer's client?
A: No. The opinion concluded that appearing in court to argue a motion is the practice of law and a paralegal may not do it.
Q: Does the client's consent or knowledge change the answer?
A: No. The committee answered no even on the assumption that the client understands the paralegal is not a lawyer.
Q: Does the lawyer's instruction and briefing of the paralegal make it permissible?
A: No. The committee reached its no answer on the assumption that the lawyer had instructed and briefed the paralegal in preparation for the appearance.
Background and rules framework
The opinion applies Kentucky's definition of the practice of law and its rule on the use of nonlawyer assistants (SCR 3.020 and SCR 3.700 as they then stood). The modern analogs are Model Rule 5.5 (unauthorized practice of law) and Model Rule 5.3 (responsibilities regarding nonlawyer assistance), under which a lawyer may delegate tasks to a nonlawyer but may not have the nonlawyer engage in conduct that constitutes the practice of law.
Citations and references
Rules of Professional Conduct:
- SCR 3.020 (definition of the practice of law) and SCR 3.700 (use of nonlawyer assistants); modern analogs Model Rule 5.5 and Model Rule 5.3
See also
- KBA Ethics Op. E-266: Nonlawyer Appearing in Court
- KBA Ethics Op. E-251: Nonlawyer Observing a Deposition
- KBA Ethics Op. E-256: Disbarred Lawyer as Paralegal
Source
- Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
- Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-227.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-227
Issued: January 1980
This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult the current version of the Rules of Professional Conduct and Comments, SCR 3.130 (available at http://www.kybar.org), before relying on this opinion.
Question:
May a paralegal appear in court and argue a motion on behalf of the client of his (her) employer, assuming that the client understands that a paralegal is not a lawyer and assuming that the lawyer has instructed and briefed the paralegal in preparation for said appearance?
Answer:
No.
References:
SCR 3.020, 3.700
Note to Reader
This ethics opinion has been formally adopted by the Board of Governors of the Kentucky Bar Association under the provisions of Kentucky Supreme Court Rule 3.530 (or its predecessor rule). The Rule provides that formal opinions are advisory only.
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