Paralegals fight complaints that they’re misleading immigrants

Aaron Clemens

Monday, June 19, 2000 | 9:02 a.m.

Most Americans know a notary public is very different from an attorney, but some Spanish-speaking immigrants get confused. The word notarios means a legal expert in Mexico but refers to the nonlegally trained notary public in the United States.

Hispanics in Politics President Fernando Romero said some local paralegals hang their notary license on the wall, misleading newly arrived immigrants seeking legal help.

"Undocumented immigrants have been the victims of unscrupulous attorneys and paralegals," he said. "Something has to be done to prevent services from giving out harmful information."

The Nevada State Bar Association has taken action against such paralegals. Earlier this month the group sued Azteca MultiServices Inc. for practicing law without a license. A new law makes the second conviction of the unauthorized practice of law a felony.

Azteca co-owner Charles Radosevich argues that his office only prepares legal forms.

"An injunction for us to not practice law would not affect us," he said.

An earlier suit brought against a paralegal firm raised concerns that lawyers were acting to protect themselves from competition.

Amigo Services was sued by the bar and the American Immigration Lawyers Association in 1998. The suit was dismissed May 30. Amigo co-owner Malena Burnett, who also once headed the nonprofit Fair Treatment of Immigrants, filed a suit in January alleging cooperation by federal, state and private parties against her.

"They came after me because I am affordable and do a good job," she said. "I don't mind if they take out the bad people, but they wanted a monopoly."

Various paralegal services advertise in Spanish publications declaring they can help with divorce or immigration proceedings at discount prices without specifying they are not attorneys.

"That's misleading," bar spokesman Patty Blakeman said. Paralegals cannot even legally advise what forms clients should fill out or have translated.

"Filling out forms is OK, translating is perfectly fine, but if they are legally advising, they need to stop," she said. She estimated 10 to 20 complaints a month come to the bar about paralegals.

Some argue that lawyers protect their turf through the unauthorized practice of law statutes.

"If two people who have no children and no debts want a divorce, why do they both need to hire an attorney?" said Gary Richter, manager of the local paralegal firm Legal Self Help. "Every case doesn't need a lawyer."

He adds that the judges define and enforce what is the practice of law, an unfair advantage for lawyers.

Blakeman agreed that there is not a concise definition of what constitutes the practice of law. She said complaints about paralegals come to her office although the bar does not oversee them.