Posted by Wesley Scott on July 6, 2018 at 5:17 PM
Wesley Scott

I am starting to see a disturbing trend occur in the legal field. Some law firms seem to think they can hire non lawyers to do lawyer’s jobs. Thing is- we lawyers are licensed to give legal advice to clients, non-lawyers are not.

When you are looking into filing bankruptcy, you are looking for the “legal advice” of the lawyer. At Kain & Scott, we like our guests too much to have non-lawyers meet with them. We don’t think it is a wise business model to try and skimp on hiring bankruptcy lawyers to try and line the pockets of the firm owners.

It is said that a paralegal may “collect” information from a client. Ok- so then what? After you collect the information is the paralegal supposed to just give you a blank stare? We have been told that some firms have non-lawyer “salespeople” do over the phone or in person consults. We have also been told that some firms have paralegals do over the phone or in person consults.

If the non-lawyer is doing ANYTHING more than collecting information from you they are practicing law which is illegal under Minnesota law. That is under Minnesota Statute 481.02. A paralegal cannot tell you if you qualify for a Chapter 7 or a Chapter 13. They cannot tell you they think you should or should not file bankruptcy at all.

Minnesota legendary and now deceased bankruptcy attorney, Jack Prescott, had his son work for him as a paralegal. I don’t think his son was qualified as a paralegal but that is what they called him. In any event, his son would meet with clients routinely and sign clients up for bankruptcy. That is both illegal and unethical.


When the time is right or when you are ready, reach out to Minnesota most recommended and highest google reviewed bankruptcy law firm at www.kainscott.com. You will be so glad you did!

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Topics: Filing Bankruptcy, Bankruptcy Lawyers MN, MN Bankruptcy

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