Can a lawyer let a paralegal communicate and negotiate directly with the opposing insurer's claims adjuster?

Plain-English summary

The inquiry asked whether an attorney may permit his legal assistant to communicate and negotiate with the claims adjuster for the adverse party's insurance carrier.

The opinion concluded that the attorney may, so long as the legal assistant is directly supervised by the attorney for whom he or she works, citing Rule 3.3(b). It added that, under no circumstances, should the legal assistant be permitted to exercise independent legal judgment regarding the value of the case, the advisability of making or accepting any offer of settlement, or any other related matter.

Currency note

This opinion was issued in 1989, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. The supervision provision it applies (Rule 3.3(b)) has since been renumbered (nonlawyer supervision is now Rule 5.3). 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: Can a paralegal negotiate with the opposing insurer's adjuster?

A: Yes, under direct supervision. The opinion concluded the attorney may permit a directly supervised legal assistant to communicate and negotiate with the adverse party's claims adjuster.

Q: What can the paralegal not do?

A: The opinion concluded the assistant may never exercise independent legal judgment about the value of the case, whether to make or accept a settlement offer, or any related matter.

Background and rules framework

The opinion applied North Carolina Rule 3.3(b), governing a lawyer's direct supervision of nonlawyer assistants (corresponding to Model Rule 5.3). The line it draws permits delegated communication and negotiation, while reserving all legal judgment, including case valuation and settlement decisions, to the supervising lawyer.

Citations and references

Rules of Professional Conduct:

• North Carolina Rule 3.3(b) (direct supervision of a nonlawyer assistant)
• MR 5.3 (responsibilities regarding nonlawyer assistants)

See also

• NC Ethics Op. RPC 183: role of a legal assistant in a deposition
• NC Ethics Op. RPC 102: gifts to employees from a court reporting service

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-70/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Inquiry:

May an attorney permit his legal assistant to communicate and negotiate with the claims adjuster for the adverse party's insurance carrier?

Opinion:

Yes, so long as the legal assistant is directly supervised by the attorney for whom he or she works. Rule 3.3(b). Under no circumstances should the legal assistant be permitted to exercise independent legal judgment regarding the value of the case, the advisability of making or accepting any offer of settlement or any other related matter.