Concise Guide to Paralegal Ethics Third Edition Therese A. Cannon

Concise Guide to Paralegal Concise Guide to Paralegal EthicsEthics

Third Edition

Therese A. Cannon

Chapter OneChapter OneRegulation of Lawyers and Regulation of Lawyers and ParalegalsParalegals

In this chapter, you will learn about:The inherent power of the courts over

the practice of lawThe organized bar’s participation in

lawyer regulationThe role of the legislature and state

statutes in governing the conduct of lawyers

The American Bar Association and its influence on legal ethics

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Chapter OneChapter OneRegulation of Lawyers and Regulation of Lawyers and Paralegals Paralegals

The evolution of the paralegal professionProfessional associations for paralegalsThe status of paralegal regulationThe distinction between certification,

licensing, and limited licensingThe liability of paralegals and the lawyers

who supervise themGuidelines for the utilization of paralegal

servicesEthics guidelines promulgated by paralegal

associations

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ABA’s Model Codes of ABA’s Model Codes of EthicsEthicsCanons of Professional EthicsModel Code of Professional

ResponsibilityModel Rules of Professional

Conduct

SanctionsSanctionsDisbarment: Rescinding of a lawyer’s

license to practiceSuspension: Attorney is deprived of

the right to practice law for a specified period of time

Probation: Attorney can practice, but certain requirements must be met

Reprimand (or reproval): Warning that ethical violations have occurred and will not be tolerated

Professional Paralegal Professional Paralegal AssociationsAssociationsNFPA (National Federation of Paralegal

Associations)NALA (National Association of Legal

Assistants)AAfPE (American Association for

Paralegal EducationIPMA (International Paralegal

Management Association)NALS (Association for Legal

Professionals)AAPI (American Alliance of Paralegals,

Inc.)

CertificationCertificationCertification is the voluntary

recognition of an occupation based on a person’s having met specified qualifications.

LicensingLicensingLicensing is a mandatory form of

regulation in which a government agency grants permission to engage in an occupation and/or use a title.

Arguments Favoring Arguments Favoring LicensingLicensingProvides appropriate public

recognition for paralegals as important members of the legal services delivery team

Ensures high standards and quality of work by paralegals

Expands the use of paralegals, thereby expanding access to legal services and lowering costs

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Arguments Favoring Arguments Favoring LicensingLicensingProvides assurance to clients and

employers of paralegals of the qualifications

Encourages needed standardization in paralegal education

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Arguments Against Arguments Against LicensingLicensingNot a benefit to the public because

attorney-employers are already fully accountable to clients

Would increase the cost of legal servicesWould stifle the development of the

professionInappropriately limits entry into the

professionUnnecessarily standardizes paralegal

educationLimits paralegals from moving into new

areas of practice or duties

Legal Document Assistants/Legal Document Assistants/Legal Document PreparersLegal Document PreparersNonlawyers who are authorized

to assist members of the public in representing themselves, but who are not permitted to give legal advice or represent clients in court