Lawyers frequently depend on a range of legal professionals to complete their work more efficiently. Many employ secretaries for administrative duties and paralegals to assist with foundational legal tasks. While the support of these professionals often streamlines operations within a law firm, errors made by paralegals can pose serious issues. Because paralegals generally have less legal training and experience than licensed attorneys, their work requires careful supervision. Ultimately, when an attorney’s name appears on filed documents, that attorney remains fully responsible for any mistakes, regardless of who prepared the paperwork.
Early in one attorney’s career, a routine case illustrated this principle clearly. Upon reviewing opposing counsel’s filings, the attorney noticed several errors related to an obscure legal provision rarely invoked in litigation. After conducting research and analyzing the statute on Lexis, the attorney confirmed that key information was missing and that the timing of a required application had been miscalculated.
Using these findings, the attorney drafted opposition papers citing numerous authorities that highlighted the opposing party’s procedural mistakes. While courts sometimes overlook minor technical errors in the interest of justice, the attorney discovered ample precedent for dismissing actions on such grounds — a potential advantage for the client.
Eventually, the opposing attorney reached out, admitting that a paralegal had drafted the flawed documents and requesting permission to amend them. Although the attorney valued professional courtesies, allowing amendments in this instance would have weakened the client’s defense. The request was therefore denied, forcing opposing counsel to attempt damage control through reply papers — a procedural misstep, as reply briefs are not intended to correct fundamental filing errors.
The attorney found it difficult to understand how such obvious mistakes escaped the opposing lawyer’s notice. It was apparent that the lawyer operated a high-volume practice, likely relying heavily on paralegals to manage the workload. Nevertheless, by signing the documents, the attorney accepted full responsibility for their contents and errors.
Ultimately, while paralegals can be invaluable members of a legal team, their work must be carefully supervised. Attorneys cannot deflect accountability for mistakes by attributing them to their staff. Proper oversight ensures both the integrity of legal filings and the protection of clients’ interests.