TBA Law Blog


Posted by: Stacey Shrader Joslin on Jun 7, 2023

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released an opinion today to provide guidance on how lawyers may use a legal assistant to perform client intake tasks. Formal Opinion 506 reiterates Model Rule 5.3 and states that an assistant may perform an array of tasks at client intake, but the lawyer should ensure that prospective clients are always offered an opportunity to discuss the fee agreement and scope of representation with the lawyer. The opinion notes the benefits of using nonlawyer assistants but emphasizes that such assistants “must be carefully and astutely managed” to avoid ethical violations.