Independent paralegals often provide assistance directly to the public and are challenging the boundaries for the delivery of legal services. When reviewing the issue of UPL, each paralegal must take into consideration their current roles and responsibilities as it relates to attorneys and to clients. Statements and definitions concerning the practice of law are usually vague and provide little assistance in determining what activities attorneys must do and what activities paralegals may or may not do. Contributing to this confusion are the national and jurisdictional interpretations offered by professional associations, state statutes and case law. Professional associations assert only general statements concerning the authorized and unauthorized practice of law.
All states have general statutes which limit the practice of law to licensed attorneys.
The way each state defines UPL, if it is defined at all, differs greatly. UPL laws are open to interpretation by the courts and each jurisdiction differs in its activities and interpretations. Over the past few years, courts have identified general parameters to determine whether there has been unauthorized practice. Although the points noted above are simply summaries, clearly, UPL has been interpreted to occur when a nonlawyer engages in any activities which affect and impact upon the legal rights and obligations of clients. Prohibitions on UPL by nonlawyers vary by jurisdiction.