In California, a lawyer is licensed by the State Bar and may provide legal advice and represent clients within applicable rules. A paralegal performs defined legal work under attorney supervision and may not independently provide legal services to the public.
What a California lawyer may do
A lawyer admitted in California can advise a client, form an attorney-client relationship, represent the client in legal matters where authorized, and accept responsibility for legal strategy subject to professional duties. Check the State Bar profile for license status and official discipline information.
Some lawyers may be licensed in other jurisdictions but not California. Confirm the lawyer’s authority for the specific proceeding and location.
What a paralegal does
California Business and Professions Code section 6450 defines paralegal qualifications and work performed under the direction and supervision of an attorney, law firm, corporation, government agency, or other permitted entity. Work can include research, document preparation, and case support as delegated.
Section 6451 prohibits a paralegal from performing services that would constitute the unauthorized practice of law, including independently offering legal advice, representing a client in court, or selecting legal forms for a consumer without attorney direction.
Who should you hire?
If you need legal advice, strategy, representation, or an assessment of rights and deadlines, consult an attorney. A paralegal may assist within a supervised legal team but is not a substitute for the attorney responsible for the matter.
Ask who supervises the work, who answers legal questions, and who will appear or sign filings. Verify a lawyer’s license directly and be cautious of anyone who misrepresents their role.
Directory and scope
Directory labels should distinguish lawyers from paralegals and should not imply that a paralegal is licensed as an attorney. Hiring arrangements and permitted work depend on law and context.
This overview is general information, not legal advice and not an attorney-client relationship.
What a paralegal may do
California law defines paralegal qualifications and requires paralegal work to be performed under the direction and supervision of an attorney, subject to statutory requirements. A paralegal may help organize records, conduct legal research, prepare drafts, and support case administration as assigned. The supervising attorney remains responsible for legal services provided to the client.
A paralegal may not independently provide legal advice, represent a client in court as counsel, set legal fees, or accept a case for legal representation. Limited exceptions can exist under specific laws or court programs, so verify the person’s authority and role rather than assuming from a job title.
Know who is responsible for your matter
Ask whether the person is an attorney, a paralegal, or another staff member, who supervises their work, and which lawyer is responsible for advice and decisions. Your engagement agreement should identify the attorney and explain the scope of representation. A paralegal can be an important member of a legal team while remaining distinct from counsel.
If someone offers legal advice or promises an outcome but will not identify a supervising lawyer, verify their credentials before paying or sharing sensitive information. Use the State Bar attorney search for lawyers and review California’s statutory definition and limitations for paralegal work. Do not treat a notary or document preparer as an attorney.
Who can give legal advice
A California attorney is licensed to practice law, subject to the attorney’s current status and any restrictions shown in the State Bar record. A paralegal supports an attorney under supervision and is not a separate licensed lawyer. California’s statutes set qualification and supervision requirements for paralegal work.
A paralegal may communicate information, collect documents, and help prepare materials under attorney direction, but cannot independently advise a client about legal rights or represent the client as counsel in ordinary court proceedings. If a nonlawyer gives individualized legal conclusions, ask which attorney supervises the work and verify that person.
Questions to ask a legal office
Ask who your attorney is, who will answer legal questions, who supervises paralegal work, and how to reach the lawyer for decisions. Confirm that the engagement agreement names the responsible attorney and explains which services are included. It is normal for a legal team to have several roles, but responsibilities should be clear.
Ask whether the person you speak with is an attorney, paralegal, or administrative staff member. The title “legal assistant” can be used broadly and does not establish a license. You can check an attorney’s California status through the State Bar search.
Avoid unauthorized practice and notario fraud
A document preparer or notary may help with clerical tasks but does not become authorized to choose forms or provide legal advice by doing so. Immigration matters are especially vulnerable to notario fraud; federal immigration-court representation is limited to attorneys and authorized accredited representatives acting through recognized organizations.
Do not sign a blank form, pay for a guaranteed outcome, or hand over original identity documents without a clear reason and receipt. If you suspect unauthorized practice, preserve messages and payment records and consult the State Bar or the relevant government agency about reporting options.
Confirm roles in writing
The engagement agreement should identify the attorney responsible for representation and clarify who may handle communications, drafting, and case organization. Ask how legal questions will be escalated and whether the supervising lawyer reviews work prepared by staff. This helps you understand the team without diminishing the paralegal’s important support role.
If the matter goes to court, confirm who will appear and whether the agreement includes that appearance. For immigration proceedings, verify an accredited representative against the official DOJ roster if the person is not an attorney. Ask for receipts and copies of every form or filing.
Know where to raise concerns
If you believe someone has crossed the boundary between support work and legal advice, first ask the supervising attorney to clarify the person’s role. Keep copies of the engagement agreement and communications.
If the concern remains unresolved, the State Bar explains how to contact it about attorney conduct or unauthorized practice. For immigration representation, consult DOJ’s official accredited-representative roster and recognized-organization information.
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Published by National Center for State Courts ↗