Final answer:
An experienced litigation paralegal cannot fill in for an attorney during a trial since they are not licensed to practice law. Court proceedings may be paused or another licensed attorney may temporarily stand in if approved by the court.
Step-by-step explanation:
If an attorney is running late for a trial, an experienced litigation paralegal would not be allowed to fill in for the attorney in court proceedings. This is because, in a United States courtroom, a paralegal is not licensed to practice law and thus cannot represent a client in court or perform duties that are considered to be the practice of law, such as giving opening arguments or examining witnesses.
Representation by a licensed attorney is a fundamental right, as established by cases like Glasser v. United States, which supports the Assistance of Counsel Clause of the Sixth Amendment. This ensures that every person accused of a crime has the right to have a defense lawyer present.
In the case that the defense lawyer is late, court proceedings may be temporarily paused or rescheduled until the attorney arrives. In some situations, if the attorney is part of a larger firm, another attorney from the same firm who is familiar with the case might temporarily stand in. However, this would also require court approval and the attorney stepping in must have the appropriate credentials and thorough knowledge of the case at hand.