Ethics (Law/Paralegal)

Any paralegal who violates a UPL statute may incur...

1. criminal prosecution 2. civil liability to any alien damaged by the negligence of the paralegal while engaging in the unauthorized acts 3. termination of employment

the objectives of professional ethics for paralegals are...

1. to take advantage of educational opportunities 2. to maintain a high level of competency 3. to refrain from the unauthorized practice of law.

The duty of confidentiality applies during the period of representation but ends after the attorney-client relationship is terminated.

False

The rule of client confidentiality applies only to lawyers; but as a professional, the paralegal voluntarily agrees to be bound by the rule.

False

unauthorized practice of law

To do any of the following without an ABA license: 1. accept cases 2. set fees 3. give direct legal advice to clients 4. negotiate legal matters on behalf of clients; or 5. represent clients in court settings

A lawyer never should give advice to an unrepresented person beyond the advice to obtain legal counsel.

True

A written set of rules governing professional conduct is known as a code.

True

All written or recorded communications soliciting employment from a prospective client known to be in need of legal services must include the term 'Advertising Material' on the outside envelope or at the beginning and the end of recorded conversations

True

Champerty is a proprietary interest in the outcome of a case.

True

Contingent fee arrangements must be reduced in writing through a retainer letter.

True

The practice of law is any act that involves giving legal advice or opinions to others or involves representing others in legal matters.

True

Contingency fees are prohibited in cases where...

a divorce will be granted.

A Chinese Wall is established when...

isolation of a specific lawyer or a specific paralegal from all contacts in a case is necessary.

code

set of written rules

professional ethics

standards governed by a set of written rules (code) that establish the limits of permissible conduct in the professional's contacts with others as well as the manner in which the professional advances his or her practice

ethics

those standards by which conduct is measured

NALA Canon of Ethics 3

1. Engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; or 2. Establish attorney-client relationships, set fees, give legal opinions or advice, or represent a client before a court or agency unless so authorized by that court or agency; or 3. Engage in conduct or take any action which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety

professional ethics for legal assistants

1. To maintain high levels of competence; and 2. To refrain from the unauthorized practice of law

competence

1. ability, capability, expertise, mastery, proficiency, or skill 2. requires the acquisition of sufficient knowledge, training, and experience to do a job

NALA Canon of Ethics 5

A legal assistant must disclose his or her status as a legal assistant at the outset of any professional relationship with a client, attorney, court or administrative agency or personnel thereof, or a member of the general public. A legal assistant must act prudently in determining the extent to which a client may be assisted without the presence of an attorney.

NALA Canon of Ethics 8

A legal assistant must do all other things incidental , necessary, or expedient for the attainment of the ethics and responsibilities as defined by statute or rule of court

NALA Canon of Ethics 1

A legal assistant must not perform any of the duties that lawyers may only perform nor take any actions that lawyers may not take

NALA Canon of Ethics 7

A legal assistant must protect this confidence of a client and must not violate any rule or statute now in effect or hereafter enacted controlling the doctrine of privileged communications between a client and an attorney

NALA Canon of Ethics 6

A legal assistant must strive to maintain integrity and a high degree of competence through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law to assist the legal profession in better fulfilling its duty to provide legal services

NALA Canon of Ethics 4

A legal assistant must use discretion and professional judgment commensurate with his or her knowledge and experience, but must not render independent legal judgment in place of an attorney.

NALA Canon of Ethics 2

A legal assistant my perform any task which is properly delegated and supervised by a lawyer, as long as the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product

NALA Canon of Ethics 9

A legal assistant's conduct is guided by bar associations' codes of professional responsibility and rules of professional conduct

A gratuitous client sends a mink jacket to a paralegal's home as a means of saying thank-you for all of the paralegal's hard work. It is permissible for the paralegal to accept the jacket.

False