Re: Independent Paralegal

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On 5/31/08, Sal wrote:
> Dear Madam,
>
> I was really impressed by the information you provided
here
> , and since you know more then i do. My question here is, Are
> we aloud to be Paralegals under contract with immigration
> attorneys? I heard that immigration attorneys are not aloud
> to give commission and are not aloud to have an agent either,
> is this true?

If by "comission" you mean a percentage of the fee the
attorney receives, no attorney who is subject to ABA rules may
share a fee with a non-attorney. An attorney can only pay a
non-attorney by the hour or by a set salery. (see #1 below)

If by "agent" you mean someone who solicits business for the
attorney; that is prohibited except for an approved referral
service. (see #2 below)

#1 ************
Model Rules of Professional Conduct; Rule 5.4

(a) A lawyer or law firm shall not share legal fees with a
nonlawyer.

#2 *************
Model Rules of Professional Conduct; Rule 7.2

(b) A lawyer shall not give anything of value to a person for
recommending the lawyer's services except that a lawyer may

(1) pay the reasonable costs of advertisements or
communications permitted by this Rule;

(2) pay the usual charges of a legal service plan or a not-for-
profit or qualified lawyer referral service. A qualified
lawyer referral service is a lawyer referral service that has
been approved by an appropriate regulatory authority;