UNIT 4: Paralegal Ethics

1. UNIT 4:Paralegal Ethics

2. Paralegal Ethics • Paralegals • Not licensed • Not governed by ethical codes

3. Paralegal Ethics • Lawyers • Licensed by states • Governed by Rules of Professional Conduct • These Rules govern use and supervision of non-legal staff, including paralegals.

4. 3 Points of Special Importance to Paralegal

5. 3 Points of Special Importance to Paralegal • Unauthorized Practice of Law • Confidentiality • Conflict of Interest

6. 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

7. 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.

8. 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

9. CANON 1 A Paralegal Must Achieve and Maintain a High Level of Competence.

10. High Level of Competence • EC-1.1 • Competency through • education, • training and • work experience

11. High Level of Competence • EC-1.3 • Perform all assignments promptly and efficiently.

12. CANON 2 A Paralegal Must Maintain a High Level of Personal and Professional Integrity.

13. Personal and Professional Integrity • EC-2.2 • 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.

14. Personal and Professional Integrity • EC-2.3 • A paralegal must ensure that all timekeeping and billing records prepared by the paralegal are thorough, accurate, and honest.

15. CANON 3 A Paralegal Must Maintain a High Standard of Professional Conduct.

16. Professional Conduct • EC-3.2 • A paralegal must advise the proper authority of any action of another legal professional which clearly demonstrates fraud, deceit, dishonesty, or misrepresentation.

17. Professional Conduct • EC-3.3 • A paralegal must avoid impropriety and the appearance of impropriety.

18. CANON 5 Confidentiality

19. Confidentiality • “Confidential Information” • Information relating to a client, whatever its source, which is not public knowledge nor available to the public.

20. Confidentiality • EC-5.2 • A paralegal must not use confidential information to the disadvantage of the client.

21. Confidentiality • EC-5.3 • A paralegal must not use confidential information to the advantage of the paralegal or of a third person.

22. CANON 6 A Paralegal’s Title Must Be Fully Disclosed

23. Disclosure • EC-6.1 • A paralegal’s title must clearly indicate the individual’s status and must be disclosed in all business and professional communications to avoid misunderstandings and misconceptions about the paralegal’s role and responsibilities.

24. Disclosure • EC-6.2 • A paralegal’s title must be included if the paralegal’s name appears on • business cards, • letterhead, • brochures, • directories, and • advertisements.

25. CANON 7 A Paralegal Must Not Engage in the Unauthorized Practice of Law.

26. Unauthorized Practiceof Law • EC-7.1 • A paralegal must comply with the applicable legal authority governing the unauthorized practice of law.

27. CANON 8 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.

28. Conflicts of Interest • EC-8.1 • 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.

29. Conflicts of Interest • EC-8.1, continued • 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.

30. Conflicts of Interest • EC-8.2 • A paralegal must avoid conflicts of interest which may arise from previous assignments, whether for a present or past employer or client.

31. Conflicts of Interest • EC-8.3 • A paralegal must avoid conflicts of interest which may arise from family relationships and from personal and business interests.

32. Conflicts of Interest • EC-8.5 • A paralegal must reveal sufficient non- confidential information about a client or former client to reasonably ascertain if an actual or potential conflict of interest exists.

33. Conflicts of Interest • EC-8.6 • A paralegal must not participate in or conduct work on any matter where a conflict of interest has been identified.

34. Conflicts of Interest • EC-8.7 • 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.

35. 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.