Community of lawyers. Common purpose. Shared goals.
Robert C. Dortch, Jr. | Sellers Hinshaw Ayers Dortch & Lyons PA | Charlotte
Camille Stell
Camille Stell is President of Lawyers Mutual Consulting and Services, offering succession planning, business development coaching, keynote presentations and more. Continue this conversation by contacting Camille at camille@lawyersmutualconsulting.com or 800.662.8843.
Paralegals are indispensable members of a law firm team. They bring efficiency, organization, and technical skills that free up lawyers to focus on legal strategy. But with this important role comes a clear boundary: paralegals may not engage in the unauthorized practice of law (UPL).
In North Carolina, the State Bar Rules of Professional Conduct and the statutes on unauthorized practice make it clear: lawyers must supervise paralegals, and paralegals must refrain from activities that cross into law practice. Failure to follow these rules can have serious consequences, including discipline for the lawyer and potential liability for both the firm and the paralegal.
The Rules You Need to Know
1. Lawyer Supervision
Rule 5.3 of the North Carolina Rules of Professional Conduct requires lawyers to properly supervise paralegals, legal assistants, and other support staff roles.
Supervising attorneys must ensure that paralegals’ conduct is compatible with the lawyer’s own professional obligations.
2. Unauthorized Practice of Law
North Carolina General Statute § 84-2.1 defines the practice of law to include preparing legal documents, giving legal advice, and representing clients in legal proceedings.
Only licensed lawyers may engage in these activities. Paralegals may assist, but cannot independently provide legal services.
There are some exceptions such as the Social Security Administration (SSA) allows attorneys and “non-attorney representatives” to help a person with their disability claim. These individuals, often paralegals, must register with the SSA, adhere to their rules and standards of conduct, and disclose their status to clients among others.
Other exceptions include the Patent & Trademark Office, the Department of Veterans Affairs, and in some cases participating in Alternative Dispute Resolution.
Common Traps for Paralegals
For paralegals working in a law firm, there are challenges that can present while avoiding the unauthorized practice of law. Many paralegals often serve as the primary point of contact with the client. Clients are naturally going to ask questions and push against boundaries the firm may have established in order to avoid unauthorized practice.
Here are a few circumstances that can arise.
Giving Legal Advice: Explaining options, interpreting law, or advising a client on “what to do” crosses the line. In some of these cases, the paralegal is serving as a conduit of information between the attorney and the client and providing information that the lawyer has provided or answering those questions that always have the same answer. This may not be problematic. One test is this – if the client asks for information that is specific to their case and requires your knowledge of the law, you may be crossing into unauthorized practice territory.
Signing Legal Documents: Paralegals may draft under supervision, but cannot sign pleadings, contracts, or settlement agreements on behalf of the lawyer or without the lawyer’s review. Keep in mind here that the level of supervision is different for each person. A brand new paralegal will need even the most simple of legal forms carefully reviewed, while the lawyer / paralegal team who has worked together for thirty years will have a different level of review of work.
Court Appearances: Paralegals may attend hearings to provide support but cannot represent clients before a judge with the exception of the federal administrative agencies that allow such appearances.
Independent Communication: Clients often ask paralegals for guidance. Having a discussion with the supervising lawyer about common questions and circumstances where clients often seek advice can provide a careful script for paralegals to have in those circustances.
Case Studies to Avoid
The Overeager Negotiator: A paralegal attempted to negotiate a settlement with opposing counsel without the lawyer present. This not only risked UPL but also jeopardized the client’s position.
The Document Drafter: A paralegal drafted a contract and sent it directly to the client for signature, without attorney review. The document contained errors that exposed the firm to liability.
The “Friendly” Advisor: Wanting to be helpful, a paralegal explained to a client how a statute applied to their situation. The client relied on the advice, which later proved inaccurate, leading to a complaint.
Tips to Stay on the Safe Side
Always Work Under Attorney Supervision: Ensure that every piece of substantive work is reviewed and approved by the supervising lawyer.
Communicate Clearly with Clients: When asked for legal advice, respond with: “I’m not an attorney, but I’ll make sure your lawyer answers that for you.”
Focus on Your Strengths: Organizational skills, drafting under direction, managing deadlines, client communication logistics, and technology are all areas where paralegals shine without risk of UPL.
Stay Educated: Participate in continuing legal education for paralegals and stay current on ethics rules.
Final Thought
Paralegals are vital to the practice of law, but the boundaries are clear. The key is collaboration: attorneys must supervise diligently, and paralegals must know when to stop and defer to the lawyer. By respecting these roles, the entire legal team protects clients, avoids liability, and ensures the integrity of the profession.
As the end of the year approaches, many law firms feel increased billing pressure. Clients want to close out matters, attorneys want to hit revenue goals, and accounting departments are racing to finalize the books. For paralegals and staff, this is the season when accurate, consistent, and timely timekeeping is more important than ever.
Why Detailed Timekeeping Matters
Incomplete or vague billing entries can create delays, client pushback, or even write-offs. A client who receives an invoice that says simply “research” or “emails” may question the value. But when the entry specifies “legal research on statute of limitations defense” or “emails with opposing counsel re: discovery responses,” the client sees a clear connection between your effort and their case outcome.
Paralegals are often the bridge between attorneys and billing systems. By keeping meticulous records and encouraging others to do the same, you help ensure every hour worked translates into billable, collectible revenue.
The Fourth-Quarter Collection Crunch
It’s not enough to send bills—firms must also collect them. Year-end is the last chance to bring cash into the firm before January. Paralegals can play a key role by helping track outstanding invoices, reminding attorneys to follow up with clients, and flagging overdue accounts.
Consider these best practices:
Send bills promptly. The older the bill, the harder it is to collect.
Encourage online payments. Services like LawPay and other billing platforms make it simple for clients to pay by credit card or ACH transfer.
Offer payment plans. For larger balances, structured options can help clients pay sooner rather than later.
Review retainers. Make sure replenishments are requested before balances run dry.
Billing and Collections Best Practices for Solo and Small Firms
Accept credit cards. Clients expect it, and firms that accept credit cards get paid faster.
Use online billing platforms. Tools such as LawPay, Clio, or MyCase allow you to send digital invoices with “click to pay” options.
Automate reminders. Set up gentle email nudges for overdue bills.
Communicate early. When you anticipate a client may struggle to pay, address it before the balance grows.
Closing Out the Year Strong
As the year winds down, paralegals can help keep the firm financially healthy by:
Double-checking that all time entries are current.
Running reports of unbilled time or unpaid invoices.
Assisting with collections follow-ups.
Encouraging attorneys to adopt new billing technology.
With detailed timekeeping and proactive billing practices, you’ll help your firm finish the year strong—and start the new one on solid financial footing.
Build the Business Behind Your Practice: Brenda Barnes Launches the PracticeBlueprint™ Accelerator
Q: Brenda, you’ve had an impressive career in law firm finance. Can you share a bit about your background?
Brenda Barnes: Absolutely. I bring over 35 years of experience working with law firms. I began my career as a law office administrator, where I spent many years focused on financial management, compensation planning, and strategic operations. In 2008, I launched B2 Legal Management, a company that provided outsourced accounting and advisory services to solo and mid-sized law firms across the United States. After successfully growing and leading B2 for 14 years, I sold the business in 2022. Today, I work as a legal consultant, helping firms improve profitability, redesign their compensation models, and build succession plans to support Next Generation ownership. I’m also a CPA with an MBA from Texas State University.
Q: What inspired the creation of the PracticeBlueprint™ Accelerator?
Brenda: Over the years, I’ve worked with firms that are incredibly strong in legal expertise but often reactive in business strategy. Many lack a solid business plan, struggle to scale, or don’t have a clear succession path. The PracticeBlueprint™ Accelerator was designed to help solo and small-to-mid-sized firms become more intentional about business growth, profitability, and exit readiness. It packages all the essentials—planning, financial modeling, compensation analysis—into a fast-track, 12-week program.
Q: Who is the ideal client for this new offering?
Brenda: We’re targeting firms with 1 to 35 attorneys, typically generating between $500K and $5M in annual revenue. These firms often feel stuck or stretched—they want to grow, prepare for eventual sale, or reduce dependency on the founding partner. This program is designed to give them structure, tools, and a clear roadmap forward.
Q: What does the PracticeBlueprint™ Accelerator include?
Brenda: It’s a 90-day strategic planning engagement that walks firms through four essential chapters:
Executive Summary & Firm Structure
Market Analysis & Growth Strategy
Financial Forecasting & KPI Dashboard
Compensation Model & Succession Readiness
We provide implementation tools like org chart templates, dashboards, and compensation models. Coaching is included, along with a final presentation packet that summarizes the entire plan in editable formats.
Q: You’ve partnered with Camille Stell on the RESPECT book about law firm compensation. How did that collaboration influence this new offering?
Brenda: Camille and I had an amazing partnership writing RESPECT: Insights in Law Firm Compensation. That project allowed us to dive deep into the challenges law firms face around fairness, retention, and aligning compensation with firm values. What we realized is that compensation reform doesn’t happen in a vacuum—it must be part of a larger business planning process. That insight directly shaped how compensation is integrated into the final chapter of the PracticeBlueprint™. The book gave us a strong foundation for the more comprehensive planning work we’re doing now.
Q: What sets the PracticeBlueprint™ apart from traditional consulting?
Brenda: Two things: structure and speed. Traditional consulting can be open-ended, expensive, and difficult to scope. This offering is intentionally packaged: a 12-week engagement with clear milestones, deliverables, and outcomes. It’s fast, focused, and designed to build a foundation for scalable growth or a future exit.
Q: What’s next for the PracticeBlueprint™ Accelerator?
Brenda: We’re starting with a soft launch, offering the program to a limited number of beta clients. We’ll be gathering feedback, fine-tuning deliverables, and preparing for a broader launch later this year. We’re also developing a suite of marketing materials—landing pages, email campaigns—and training internal systems so we’re ready to scale.
Q: How can people learn more or get in touch with you?
Brenda: I’m always happy to chat with law firm leaders who want to get proactive about their business strategy. We’re currently accepting a limited number of beta clients for the PracticeBlueprint™ Accelerator.
🎯 Download the the PracticeBlueprint™ Accelerator Readiness Checklist
Unlike open-ended consulting projects, PracticeBlueprint™ is packaged for clarity and ROI. It delivers the structure law firm owners need—without the ambiguity of scope creep, hourly billing, or drawn-out timelines. It’s the only planning solution that integrates succession readiness, compensation, and KPI dashboards in a single engagement.
Remote work has become part of daily life, and with summer travel and vacations, many paralegals find themselves working outside the office. While flexibility is a benefit, it also comes with risks. When you’re working from a beach house, airport lounge, or coffee shop in another city, compliance and data security must remain top of mind.
Protecting Client Data Outside the Office
Use secure connections only. Public Wi-Fi is convenient, but almost never secure. Always connect through your firm’s VPN or use a secure mobile hotspot.
Be mindful of your surroundings. Shoulder-surfing is real—someone can glance at your screen or overhear a confidential call. Use a privacy screen filter and step away for sensitive conversations.
Store data securely. Never download client documents to personal devices or unencrypted drives. Follow your firm’s protocols for secure document access and storage.
Log out completely. When stepping away, even briefly, lock your computer and log out of practice management systems.
Maintaining Professional Boundaries
Vacation means balance. If you’ve arranged to work while away, set clear expectations with your supervising attorney about hours and availability. Constant connection can lead to burnout and mistakes. You deserve time away from the office.
Respect firm policies. Some firms prohibit working from certain locations or devices. Review your firm’s remote work policy before logging in from the beach or family cabin.
Guard your time. Resist the temptation to answer work emails around the clock. Boundaries protect not only your well-being but also your performance.
Compliance Is a Shared Responsibility
Remember: compliance doesn’t pause when you’re away from the office. By practicing secure habits and setting clear boundaries, you protect client confidentiality, support your firm’s risk management goals, and maintain the trust your clients place in your work.
In this issue, we’re excited to spotlight an innovative initiative designed to help lawyers build sustainable practices while expanding access to justice. I sat down with Mark Atkinson, founder and Executive Director of the Incubator for Legal Practice and Innovation (ILPI), to talk about his career, the mission of ILPI, and the new cohort launching this fall – September 18 – 19 is the two-day kickoff.
Q: Mark, tell us about your early legal career. What first sparked your interest in access to justice work?
I attended law school later in life and—like many lawyers— I went hoping to make a difference, but quickly realized how many barriers exist, not just for attorneys but for the public trying to access legal help. If you are wealthy or are a big business, you can afford whatever legal help you need. If you are low income, you get some help through legal aid (but rarely enough!). That leaves a big gap of unmet legal needs among those of low and middle income. Those unmet needs are especially acute in rural areas and underserved communities. Seeing this present reality, it instilled in me a strong drive to explore new models that make legal help more accessible and more affordable, while also allowing lawyers to make a living.
Q: And that led you to found ILPI. Can you tell us what it is and what inspired you to launch it?
ILPI is a legal incubator. Our mission is simple: help entrepreneurial attorneys start financially sustainable practices that improve access to justice. Too often, lawyers—especially new ones—aren’t equipped with the business skills needed to launch a solo practice. At the same time, so many communities are “legal deserts,” with few or no lawyers available. ILPI is designed to bridge that gap. We provide training, resources, and a supportive community to help attorneys serve those communities while also building a viable business.
For some additional history, the legal incubator movement was started by Fred Rooney over 20 years ago at City University of New York Law School. Fred is a saint-of-a-man and has helped launch incubators in the USA and overseas. From my perspective, I think every law school and major urban area should have a legal incubator!
Q: What kind of support can attorneys expect if they join ILPI?
Our programming is remote, accessible by Zoom, and starts with a two-day kickoff session. From there, participants can join regular “Lunch-n-Learns” with experts, vendors, and practitioners. We focus on the business side of launching and running a law firm—things law school often overlooks. We provide access to tools like Clio, Lexis+, and CLE providers such as PLI and NBI-SEMS.
But maybe most importantly, we offer community and encouragement. It can be lonely starting a firm. ILPI ensures you’re not doing it alone—you’re part of a cohort who shares your values and your mission.
Q: Who is the incubator designed for?
ILPI is for anyone who wants to serve their community, do good and do well, and build a practice that expands access to justice. Maybe you just passed the Bar—or maybe you’ve been practicing for 10 or 20 years and are finally ready to go out on your own. ILPI is for attorneys who want to return home to a legal desert, who want to serve the underserved, and who want to make a proper living doing it.
Q: What’s next for ILPI? How can interested attorneys get involved?
Our next cohort launches September 18–19, 2025, with a two-day kickoff. Joining ILPI is a simple three-step process:
Apply – Fill out the short online form.
Chat – Schedule a call with me to make sure it’s a good fit.
Agree – Participation requires commitment, but it’s worth it.
We keep the cost low—just $79 a month—because our goal is to help attorneys get started, not hold them back. If you’re interested, reach out to me directly at mark@innovationlegal.org or call 919.630.1143.
Final Thoughts
The Incubator for Legal Practice and Innovation is more than just a training program—it’s a movement to reimagine the delivery of legal services and empower the next generation of lawyers. ILPI has many alums who would love to tell you how the program helped them get their practice off the ground. If you’re looking to launch your practice with purpose, this could be your next step.
