Upload
steven-julius-blake
View
216
Download
0
Tags:
Embed Size (px)
Citation preview
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
Page 1 of 2
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
Page 2 of 2
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
Page 1 of 2
Arguments Favoring Arguments Favoring LicensingLicensingProvides assurance to clients and
employers of paralegals of the qualifications
Encourages needed standardization in paralegal education
Page 2 of 2
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