Because a suspended attorney's actions are generally less reprehensible than those of a disbarred attorney, it may be argued that only suspended attorneys should be allowed to re-enter the profession through employment as paralegals. Working as a paralegal after five years of exemplary conduct may be a legitimate means for suspended attorneys to demonstrate to the bar that they have reformed and should be considered for reinstatement. Limits on Employment Of the states that allow disbarred and suspended attorneys to be employed as paralegals, nearly all place limits on the tasks they may perform. Among the most common are prohibitions that seek to prevent disbarred or suspended attorneys from practicing law, holding themselves out to be authorized to practice law or otherwise violating their disciplinary orders. Most courts interpret the prohibition against practicing law to include giving legal advice, filing legal documents and making appearances in court or at pre-trial hearings and depositions.
Some states go further and prohibit all client contact, whether in person, in writing, or by phone.
Disbarred and suspended attorneys have typically been allowed to perform activities that are preparatory in nature, requiring the disbarred or suspended attorney to work under the supervision of a practicing attorney. Accordingly, duties such as investigation, research, and document preparation, such as briefings and pleadings, are typically allowed. Problems with Allowing Disbarred Attorneys to Practice as Paralegals Allowing disbarred and suspended attorneys to practice as paralegals generates public disillusionment with the legal profession, dilutes the punishment of disbarred and suspended attorneys, and creates problems of enforcement for state and local bar associations. First, and most important, the public's perception of the legal profession is diminished when a suspended attorney performs paralegal tasks. When the public witnesses a disciplined attorney appearing to continue to engage in the practice of law, the integrity and good name of the profession are at stake.