Informal Opinion Number: 960228

QUESTION: May Attorney hire a disbarred attorney as a paralegal? ANSWER: Attorney may use the disbarred attorney in the same manner as any other non-attorney. A non-attorney may prepare a draft of many different types of documents and may perform various support services, such as interviewing witnesses, as long as a licensed attorney adequately supervises those acts. In the case of a disbarred attorney, Attorney must make certain that no one is misled into believing that the disbarred attorney is anything other than a non-attorney and special care must be taken that the disbarred attorney does not cross the line into giving legal advice.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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