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Can a Paralegal Establish Fee Agreements? - Nov. 14, 2010
By Barbara Haubrich-Hass, ACP/CAS
I recently was asked by a paralegal whether she could legally establish a fee agreement between the law firm she worked for and a client if she was permitted by law to represent that client before a state or federal administrative agency. This paralegal believed that because she was permitted by law to represent the client before an administrative agency that she was also permitted to establish the fee agreement for the attorney.
Establishing a fee agreement and representing a client before an administrative agency is like comparing apples to oranges. California Business and Professions Code § 6450(b)(8) is very clear on this subject. "A paralegal shall not establish the fees to charge a client for the services the paralegal performs, which shall be established by the attorney who supervises the paralegal's work." [Emphasis added]. Therefore, under no circumstance can a paralegal establish a fee agreement on behalf of an attorney/law firm and a client. There are simply certain areas in which an attorney has a duty to act, and establishing a fee agreement with a client is one of them.
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Barbara Haubrich-Hass, ACP/CAS
The California Litigator
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