Presentation Transcript

1. Introduction to the Legal Profession and Ethics

2. Paralegals
3. Definition of a Paralegal A qualified person who performs substantive legal work that is customarily, but not exclusively, performed by a lawyer.
4. A qualified person who performs substantive legal work that is customarily, but not exclusively, performed by a lawyer. Qualified through education, training, and/or work experience DEFINITION
5. A qualified person who performs substantive legal work that is customarily, but not exclusively, performed by a lawyer. Performs substantive legal work requires knowledge of legal concepts. DEFINITION
6. A qualified person who performs substantive legal work that is customarily, but not exclusively, performed by a lawyer. Legal work Customarily performed by a lawyer… but not exclusively But be careful: UPL DEFINITION
7. Paralegal may be retained or employed by a: lawyer, law office, governmental agency or other entity OR DEFINITION
8. Paralegal may be authorized to perform certain work by administrative, statutory or court authority PARALEGAL
9. Paralegal Ethics
10. Paralegal Ethics Paralegals Not licensed Not governed by ethical codes
11. Paralegal Ethics Lawyers Licensed by states Governed by Rules of Professional Conduct These Rules govern use and supervision of non-legal staff, including paralegals.
12. Tasks
13. Tasks Litigation Probate Law Corporate Real Estate Law Employment Law
14. Tasks The specific tasks assigned to paralegals vary according to the area of practice and level of experience and education. Intake/interview clients Document gathering, organizing and analysis Preparation and drafting of forms and documents Case Management
15. A. Litigation Paralegal Tasks interview witnesses, analyze and digest legal documents, perform legal and factual research, draft pleadings, legal memoranda and briefs, obtain and manage information to assist in trial preparation, assist at trial, and aid in preparing appeals.
16. B. Probate Paralegal Tasks interviewing clients, arranging for valuing and transferring assets, Determine and find heirs and distributees administering estate accounts, preparing tax returns.
17. C. Corporate Paralegal Tasks drafting agreements and employee benefits plans, fulfilling securities reporting requirements, and conducting patent and trademark searches.
18. D. Real Estate Paralegal Tasks draft transaction documents, prepare for closings (can be closer in certain circumstances), research title; and administrative processes involved in land and environmental use.
19. E. Employment Law Paralegal Tasks draft employee policy and procedures manuals, help facilitate positions in organized labor campaigns, prepare position papers, complaints and affidavits indiscrimination cases, and perform work similar to litigation paralegals.
20. Four Tasks That Many Paralegals Perform
21. Four Tasks That Many Paralegals Perform Communication with clients Research, both factual & legal Drafting of letters & legal documents Case Management
22. 3 Points of Special Importance to ParalegalS
23. 3 Points of Special Importance to Paralegal Unauthorized Practice of Law Confidentiality Conflict of Interest
24. 3 Points of Special Importance to Paralegal Unauthorized Practice of Law: Paralegals are not attorneys Paralegals cannot give legal advise, sign court documents or appear in court on behalf of a client
25. 3 Points of Special Importance to Paralegal Confidentiality: You must treat anything you learn in the law office as confidential Cannot discuss it with anyone outside the firm.
26. 3 Points Of Special Importance To Paralegal Conflict of Interest: You cannot be involved in any cases where you have an interest in the outcome E.g., stocks
27. Competence Integrity Professional Conduct Confidentiality Disclosure Unauthorized Practice of Law Conflict of Interest MORE RULES TO FOLLOW
28. A Paralegal Must Achieve and Maintain a High Level of Competence. A. Competence
29. High Level of Competence Competency through education, training and work experience Perform all assignments promptly and efficiently.
30. A Paralegal Must Maintain a High Level of Personal and Professional Integrity. B. Integrity
31. Personal and Professional Integrity A paralegal cannot communicate with a party the paralegal knows to be represented by a lawyer in a pending matter without the prior consent of the lawyer representing such other party. A paralegal must ensure that all timekeeping and billing records prepared by the paralegal are thorough, accurate, and honest.
32. A Paralegal Must Maintain a High Standard of Professional Conduct. C. Professional Conduct
33. Professional Conduct A paralegal must advise the proper authority of any action of another legal professional which clearly demonstrates fraud, deceit, dishonesty, or misrepresentation. A paralegal must avoid impropriety and the appearance of impropriety.
34. Confidentiality D. Confidentiality
35. Confidentiality “Confidential Information” Information relating to a client, whatever its source, which is not public knowledge nor available to the public. A paralegal must not use confidential information to the disadvantage of the client. A paralegal must not use confidential information to the advantage of the paralegal or of a third person.
36. A Paralegal’s Title Must Be Fully Disclosed E. DISCLOSURE
37. Disclosure A PARALEGAL’S TITLE must clearly indicate the individual’s status; and must be disclosed in all business and professional communications PURPOSE: to avoid misunderstandings and misconceptions about the paralegal’s role and responsibilities.
38. Disclosure A paralegal’s title must be included if the paralegal’s name appears on business cards, letterhead, brochures, directories, and advertisements.
39. A Paralegal Must Not Engage in the Unauthorized Practice of Law. F. UPL
40. Unauthorized Practice of Law A paralegal must comply with the applicable legal authority governing the unauthorized practice of law.
41. A Paralegal Must Avoid Conflicts of Interest and Must Disclose any Possible Conflict to the Employer or Client, as Well as to the Prospective Employers or Clients. G. Conflicts of Interest
42. Conflicts of Interest A paralegal must act within the bounds of the law, solely for the benefit of the client, and be free of compromising influences and loyalties. Neither the paralegal’s interest (personal or business, nor those of other clients or third persons) should compromise the paralegal’s professional judgment and loyalty to the client.
43. Conflicts of Interest A paralegal must avoid conflicts of interest which may arise from previous assignments, whether for a present or past employer or client. A paralegal must avoid conflicts of interest which may arise from family relationships and from personal and business interests. A paralegal must not participate in or conduct work on any matter where a conflict of interest has been identified.
44. Conflicts of Interest In matters where a conflict of interest has been identified and the client consents to continued representation, a paralegal must comply fully with the implementation and maintenance of an Ethical Wall.
45. Conflicts of Interest ETHICAL WALL generally includes, but is not limited to, the following elements: No connection with the matter; No discussions about the matter; No access to files; and Notify all members of the firm, corporation or entity as to the separation of the paralegal from the pending matter.