Paralegals and Legal Assistants: What They Can and Cannot Do
Updated 2026-10-06
When you hire a law firm, you may spend more time talking to a paralegal or legal assistant than to the lawyer. That is normal. Paralegals do a large share of the day-to-day work on many cases. But there are things a paralegal generally cannot do on their own, and knowing the difference helps you ask the right questions and avoid people who offer "legal help" without a license.
This guide explains what paralegals usually do, where the limits are, and how to protect yourself.
What paralegals and legal assistants usually do
The U.S. Bureau of Labor Statistics describes the job in its Occupational Outlook Handbook. It says paralegals and legal assistants support lawyers by doing tasks such as maintaining and organizing files, conducting legal research, and drafting documents.
According to the same page, typical duties include:
- Investigating and gathering the facts of a case
- Researching laws, regulations, and legal articles
- Gathering, organizing, and maintaining legal documents
- Drafting letters and legal documents, such as contracts
- Getting affidavits and other formal statements
- Helping lawyers during trials, for example by handling exhibits or taking notes
- Filing documents with courts, agencies, or the other side's lawyer
- Scheduling interviews, meetings, and depositions
The handbook also notes that duties vary by practice area and by firm size. In a small firm, a paralegal may work on every stage of a case. In a large firm, they may focus on one phase.
The key word: support
The common thread is that paralegals work in support of lawyers. In most settings, a licensed attorney supervises their work and is responsible for it. That supervision matters because lawyers are licensed by states and must follow that state's professional conduct rules. A paralegal can draft a document, but the lawyer generally reviews it and stands behind it.
This is why a paralegal at a law firm can be a real benefit to you. Their time is often billed at a lower rate than a lawyer's, or included in a flat fee, and they can handle routine tasks quickly. Ask the firm how paralegal time is billed before you sign a fee agreement.
What a paralegal generally cannot do
Rules differ from state to state, and some states allow certain licensed non-lawyer roles for limited tasks. As a general rule, though, a person who is not a licensed attorney cannot:
- Give you legal advice — meaning tell you what you should do based on how the law applies to your specific facts
- Represent you in court or argue your case to a judge
- Set the fee or form the attorney-client relationship on the lawyer's behalf
- Sign court papers as your lawyer
A paralegal at a firm can still explain the process, tell you what documents are needed, and pass your questions to the lawyer. If you ask a paralegal "Should I accept this offer?" a good answer is usually "Let me check with the attorney."
A real-world example of the line: bankruptcy petition preparers
Federal bankruptcy courts give a clear example of where the line falls for people who work without a lawyer's supervision. The U.S. Courts page on filing bankruptcy without an attorney says that, by law, non-attorney petition preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.
The same page says a petition preparer must sign every document they prepare for you, print their name and address on it, and give you a copy. They cannot sign documents on your behalf or take payment for court fees. If someone offering bankruptcy help does not follow these basics, that is a warning sign. You can read more about bankruptcy lawyers and what they do.
Immigration: special risk
Immigration is an area where unlicensed help causes serious problems. U.S. Citizenship and Immigration Services explains on its legal services page that only certain people can represent you before USCIS, such as an attorney in good standing or an accredited representative working for a recognized organization. USCIS also lists law students and graduates, but only when supervised by a licensed attorney or accredited representative.
USCIS also warns that in the United States, a notary public is not an attorney and cannot represent you in legal matters, including immigration cases. A paralegal or "immigration consultant" working on their own falls in the same category: they are not a substitute for an attorney.
How to check who is helping you
A few simple steps can protect you:
- Ask who the supervising lawyer is. Get the attorney's full name and the state that licensed them.
- Check the license yourself. Look up the attorney on the state bar or licensing agency's website.
- Ask what the paralegal will handle and what the lawyer will handle personally.
- Get the fee agreement in writing, including how paralegal time is charged.
- Be careful with independent "document services" that promise results or legal advice without a lawyer involved.
The Federal Trade Commission's guide on how to avoid a scam warns that scammers often pressure people to act immediately and insist on unusual payment methods, such as gift cards or wire transfers. A legitimate law office will give you time to decide.
Questions to ask at a law firm
- Who is the lawyer responsible for my case?
- Which tasks will a paralegal do, and which will the lawyer do?
- How do I reach the lawyer if I have a question that needs legal advice?
- How is paralegal time billed?
- Who will go to court with me, if a hearing is needed?
If you cannot afford a lawyer
If cost is the reason you are looking at non-lawyer help, free and low-cost options may exist. The USAGov legal aid page lists programs such as the Legal Services Corporation and LawHelp.org. Some programs limit help to people with low incomes. You can also browse our legal guides for background on common legal topics.
Frequently asked questions
Can a paralegal give me legal advice?
Generally, no. Paralegals support lawyers, and legal advice about your specific situation usually has to come from a licensed attorney. A paralegal can pass your question to the lawyer.
Can a paralegal represent me in court?
In general, no. Representation in court is usually done by a licensed attorney, or by you if you represent yourself. Some states have limited exceptions, so check your state's rules.
Is it cheaper to work with a paralegal at a law firm?
Often, paralegal time is billed at a lower rate than a lawyer's time, but billing practices vary. Ask the firm to explain its rates in writing.
What is the difference between a paralegal and a petition preparer?
A paralegal usually works under a lawyer's supervision. A bankruptcy petition preparer works without a lawyer and, by law, can only enter information into forms — not give advice.
This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.