LAW 101 quiz
What does certification mean?
Formal recognition by a private group or a state agency that a person has satisfied the group's standards of ability, knowledge, and competence, ordinarily accomplished through the taking of an examination.
What role does the American Bar Association play in paralegal education?
In 1974, the ABA established educational standards for paralegal training programs. Paralegal schools are not required to be approved by the ABA, however it is a voluntary process that gives extra credibility to the schools that successfully apply for it. Programs that meet the ABA's quality standards and that are approved by the ABA are referred to as ABA Approved Programs.
Why is the legal profession regulated? Who are the regulators? How is regulation accomplished?
Regulate is to control or direct in agreement with a rule. By establishing educational and licensing requirements, state authorities ensure that anyone practicing law should be competent. By defining specific ethical requirements for attorneys, the states protect the public against unethical attorney behavior that may affect client's welfare. The Regulators are bar associations, state supreme courts, state legislatures, and in some cases, the United States Supreme Court. Procedures for regulating attorneys vary by state, and the ABA plays a key role in proposing model codes or rules of conduct for adoption by the states.
What types of educational programs and training are available to paralegals? Must a person meet specific educational requirements to work as a paralegal?
The role of formal paralegal education has become increasingly important in the growth and development of the paralegal profession: Two year community college programs, four year bachelor's degree program, certificate programs offered by private institutions, postgraduate certificate programs, and Master's degree programs. Although most states don't have requirements, many employers either require or prefer job candidates with a certain level of education. Some employers select only graduates from established programs.
What is a paralegal? Is there any difference between a paralegal and a legal assistant?
A person qualified by education, training, or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work, for which a lawyer is responsible. There is no difference between a paralegal and legal assistant.
How is the practice of law defined? The unauthorized practice (UPL)? How might paralegals violate state statutes prohibiting UPL? What types of tasks can legally be performed by paralegals?
About half of the states have their own formal definition of what constitutes the practice of law; some of them focus on various factors such as appearing in court, drafting legal papers, pleadings or other documents in connection with a pending or prospective court proceeding. UPL is the performance of actions defined by a legal authority, such as a state legislature, as constituting the "practice of law" without authorization to do so. A paralegal CANNOT establish attorney-client relationships, set legal fees, give legal opinions or advice, represent a client before a court (unless authorized to do so) and engage, encourage, or contribute to any act that could constitute the unauthorized practice of law. Under the supervision of an attorney, paralegals can give legal advice, and prepare legal documents. They often have to relay legal advice from the attorney to the client, but they have to make it clear that the advice comes from the lawyer and not the paralegal themself.
What is the duty of confidentiality? What is the attorney-client privilege? What is the relationship between the duty of confidentiality and the attorney-client privilege? What are some potential consequences of violating the confidentiality rule?
All information relating to representation of a client must be kept confidential. Attorney client privilege is a rule of evidence requiring that confidential communications between a client and his or her attorney (relating to their professional relationship) be kept confidential, unless the client consents to disclosure. All information relating to a client's representation is considered confidential information. An attorney cannot disclose privileged information unless the court orders it. Blacklisted, revoking your license, losing future clients, etc.
List and describe the skills that are useful in paralegal practice. Do you have these skills?
Analytical skills (gathering and analyzing certain information) Communication skills (interpersonal skills depends on how well a legal professional communicates with clients, witnesses, etc) Speaking skills (correct grammar, clear and concise), Good listening skills, Reading and writing skills, Computer Skills, Organizational Skills, Keeping information confidential, and Professionalism
List and describe the five types of organizations that hire paralegals. Where do most paralegals work?
Law firms (varying in size, larger firms have limited and well defined tasks where as small firms can have paralegals assist with clerical work) Corporations and Other business organization (Most large companies hire a large staff on in-house attorneys to handle corporate legal affairs) Government (Specialize in one aspect of the law and budgets do not depend on client billing) Legal Aid Offices (Provide legal services to those who find it difficult to pay for legal representation) Freelance Paralegals (Own their own business and perform specific legal work for attorneys on a contract basis) Most paralegals work at Law Firms
List and briefly describe each of the paralegal specialties discussed in this chapter. Which speciality area or areas interest you the most? Why?
Litigation (working a lawsuit through the court system; assists the attorney with the litigation process) Corporate Law (consists of the laws the govern the formation, financing, structure, and termination of corporations as well as the rights and duties of those who own corporations) Contract Law (an agreement that can be enforced in court) Real estate Law (consists of land and things attached to land such as houses, buildings, etc.) Personal Injuries (involves claims brought by persons who have been injured in automobile accidents or other incidents as a result of negligence of others) Insurance (is a contract by which an insurance company promises a sum or give something of value to another) Employment and Labor Law (laws governing health and safety in the workplace, labor unions and union-management relations, employment discrimination etc.) Estate Planning and Probate Administration (transfer of an owner's property, or estate, on the owner's death) Bankruptcy law (allows debtors to obtain relief from their debts) Intellectual Property Law (consists of the products of individual's minds- products that result from creative processes) Environmental Law (help protect the environment) Family Law (deals with family matters such as marriage, divorce, alimony, etc) Civil Law (concerned with the duties that exist between persons) Criminal Law (concerned with wrongs committed against the public)
How is the paralegal profession regulated by attorney ethical codes? How is it regulated by paralegal codes of ethics?
Model code of Professional Responsibility and the Model rules of Professional Conduct were created to regulate the ethical codes and rules of the legal profession. The ABA's ethics commission periodically updates and revises the Model Rules to address new ethical concerns raised by technological developments.
How can paralegals locate potential employers? How does networking help paralegals find jobs?
Networking, Join a professional association, network during internships. volunteer, find available jobs, identify possible employers, legal directories, and job placement services. Networking helps paralegals find jobs because it allows you to make personal connections with other paralegals, paralegal instructors, attorneys, and others who are involved with the legal profession)