Rule 20-104 Disclosure required.

Committee commentary. — A lawyer will instruct paralegals for whose work the lawyer is responsible to disclose at the beginning of any dealings with other persons that the paralegal is not a lawyer. Even when acting in capacities in which nonlawyers are normally permitted to function, such as fact investigation, disclosure should always be made to all persons or agencies involved, since use of the employer's name in connection with the paralegal's duties may lead third parties to believe that the paralegal is a lawyer. Disclosure of nonlawyer status is equally applicable to oral communications, and common sense would indicate that a routine disclosure be made at the beginning of any conversation.

The term "associate" is generally construed to mean a lawyer and should be avoided in referring to a paralegal. A paralegal, as an employee of a lawyer or law firm, is not an associate and the relationship of the paralegal to the lawyer should be made clear in any oral or written communication. If at any time, in written or in oral communications, a misunderstanding of the paralegal's nonlawyer status is suspected, the paralegal will reiterate that the paralegal is not a lawyer. This communication may be made in any way that avoids confusion.

Rule 16-402 of the Rules of Professional Conduct prohibits a lawyer from communicating with a party the lawyer knows to be represented by a lawyer, unless the lawyer representing such third party consents. This rule also prohibits lawyers from causing other persons to make such communications, and thus applies equally to communications by paralegals with third parties. The lawyer's obligation is to ensure that paralegals do not communicate directly with parties known to be represented by an attorney, without that attorney's consent, on the subject of such representation.