Can a paralegal conduct a settlement conference without a supervising lawyer present?

Licensed attorneys are responsible for a paralegal’s work, and they can be sanctioned by their state bar association for the paralegal’s actions. It is in the attorney’s best interest to closely monitor the type of work, and the manner in which the paralegal’s work is performed.
In this scenario, the question is, “Can a paralegal conduct a settlement conference without a supervising lawyer present?” The short answer is, “No.” Paralegals have the right to attend a settlement conference with their supervising attorney and also assist with them, but they cannot conduct a settlement conference without a supervising lawyer present.
The majority of paralegals find themselves involved in all phases of the litigation process, including legal research, drafting of pleadings and motions through the discovery process, trial preparation, settlement, and post-judgment matters. In order to avoid the unauthorized practice of law, a paralegal should always have their supervising attorney present at settlement conferences.

In general, courts and statutes have ruled that a paralegal may not practice law, so it would not be an ethical practice for an unsupervised paralegal to conduct a legal settlement either on behalf of an attorney or as an independent contractor. There are several court cases on record that describe situations where a paralegal, with the knowledge and consent of their supervising attorney, conducted client settlement meetings, and most of them resulted in the disbarment of the attorney (Maryland v. Hallmon, 1996).
Aside from legal and ethical violations, the primary reason that paralegals should not conduct a settlement conference is that they are likely to be put in a position to give legal advice or determine the strategy or course of action for the case since that is fundamentally the purpose of those meetings. To avoid violating statutes and rulings, attorneys must attend settlement conferences with their legal staff, but they may delegate tasks such as information gathering or interviewing the client.