Concise Guide to Paralegal Ethics / Edition 5

by Therese A. Cannon, Sybil Taylor Aytch

Overview

Clearly written, and replete with design elements that facilitate study and review, the Concise Guide to Paralegal Ethics provides succinct coverage that focuses on the professional paralegal. Perfect for use in shorter courses, or substantive courses with an ethics component, the Fifth Edition provides timely and thorough coverage of all major legal ethics topics.

New to the Fifth Edition:

• Discussion of how the ethics of technology affects paralegals in matters of confidentiality and privilege, competence, conflicts of interest, and advertising
• Changes in legal practice that add to the responsibilities of paralegals
• Refreshed review questions, discussion questions, hypotheticals, and projects

Professors and students will benefit from:

• Consistent emphasis on how the rules of ethics affect paralegals
• Authoritative writing in a well-organized format
• Helpful overviews in every chapter
• Italicized key terms with corresponding definitions in the margins
• Review questions, hypotheticals, discussion points, and projects
• Relevant ethics codes, conveniently located in the Appendix

Teaching materials include:

• Instructor’s Manual with Test Bank
• PowerPoint slides

Product Details

ISBN-13:	9781454873365
Publisher:	Wolters Kluwer Law & Business
Publication date:	09/14/2018
Series:	Paralegal Series
Edition description:	New Edition
Pages:	256
Product dimensions:	7.00(w) x 10.00(h) x 0.54(d)

Table of Contents

Preface xix

1 Regulation of Lawyers and Paralegals 1

A Regulation of Lawyers 2

1 State Courts and Bar Associations 2

2 American Bar Association 2

3 State Statutes, Ethics Opinions, and Case Law 3

4 Sanctions and Remedies for Lawyer Misconduct 4

B Regulation of Paralegals 5

1 A Brief History of the Paralegal Profession 5

2 Direct Regulation of Paralegals: Certification and Licensing 7

Definitions of Terms 7

Regulation of Supervised Paralegals 8

The Regulation Debate 9

Nonlawyer Legal Service Providers 10

3 State Guidelines for the Utilization of Paralegal Services 11

4 Paralegal Association Codes of Ethics and Guidelines 11

5 Responsibility of Lawyers for Paralegal Conduct 12

Review Questions 13

Hypotheticals 14

Discussion Questions and Projects 14

Selected Cases 15

Selected References 16

2 Unauthorized Practice of Law 17

A Brief History of the Unauthorized Practice of Law 18

B Trends in the Unauthorized Practice of Law 19

1 Nonlawyer Legal Service Providers and Related Trends 19

2 Multijurisdictional Practice Issues 21

C The Practice of Law Defined 21

D The Attorney's Responsibility to Prevent the Unauthorized Practice of Law 22

E What Constitutes the Unauthorized Practice of Law 24

1 Making Court Appearances 24

Depositions 24

Pleadings 25

Exceptions 25

Administrative Agencies 26

2 Establishing the Attorney-Client Relationship 28

3 Giving Legal Advice 29

A Few Examples 30

Exceptions 31

Nonlawyer Legal Service Providers and Related Trends 32

F Disclosure of Status as Paralegal and Job Titles 33

G A Word about Paralegals as Independent Contractors 35

Review Questions 36

Hypotheticals 37

Discussion Questions and Projects 39

Selected Cases 41

Selected References 42

3 Confidentiality 45

A The Principle of Confidentiality 46

B Attorney-Client Privilege 46

1 Defined Generally 46

2 Disclosure of Privileged Information 47

3 Matters Not Covered by the Privilege 47

4 Inadvertent Disclosure of Privileged Material 48

5 Exceptions to and Waivers of the Privilege 50

6 The Privilege in the Corporate Setting 51

7 Court-Ordered Disclosure 52

C The Work Product Rule 52

D Ethics Rules of Confidentiality 53

E Confidentiality and the Paralegal 54

1 Application of the Rule to Paralegals 54

2 Protecting Confidentiality in Daily Practice 55

3 Special Issues Relating to Technology 57

Review Questions 60

Hypotheticals 61

Discussion Questions and Projects 63

Selected Cases 64

Selected References 65

4 Conflicts of Interest 67

A Introduction 68

B Conflicts Involving Representation of Clients 69

1 Concurrent Representation 69

General Rules 69

Consents 70

Withdrawal to Avoid Conflicts 71

Imputed Disqualification in Concurrent Conflicts 71

Issue Conflicts and Other Indirect Concurrent Conflicts 71

Lawyer's Professional Conflicts 72

Examples of Conflicts in Litigated Matters 72

Examples of Conflicts in Nonlitigated Matters 73

2 Successive Representation 74

General Rules 74

Defining "Substantial Relationship" 75

C Other Conflicts Rules 76

1 Business Transactions with Clients 76

2 Publication, Literary, and Media Rights 77

3 Financial Assistance to Clients 77

4 A Lawyer's Interest in Litigation 78

5 Gifts from Clients 78

6 Agreements with Clients Limiting Malpractice Liability 79

7 Payment of Attorney's Fees by a Third Party 80

8 Relatives of Lawyers 81

9 Sexual Relations with Clients 81

D Imputed Conflicts and Disqualification 82

1 General Rules 82

2 Use of Screens 84

E Conflicts Checks 86

Review Questions 88

Hypotheticals 89

Discussion Questions and Projects 91

Selected Cases 93

Selected References 93

5 Advertising and Solicitation 95

A Advertising 96

1 The Advent and Evolution of Lawyer Advertising 96

2 The Current Ethics Rules 98

3 Current Issues and Trends in Lawyer Advertising 100

B Solicitation 104

Review Questions 106

Hypotheticals 107

Discussion Questions and Projects 108

Selected Cases 110

Selected References 110

6 Fees and Client Funds 111

A Fee Arrangements with Clients 112

1 Fixed Fees 112

2 Contingency Fees 112

3 Hourly Fees 113

B Ethics Rules about Fees 115

C Fee Arrangements 118

D Court-Awarded Fees 121

E Fee-Splitting and Referral Fees 123

F Partnerships between Lawyers and Nonlawyers 125

G Client Funds and Property 126

1 Client Trust Accounts 126

Interest on Lawyers' Trust Accounts and Client Security Funds 127

2 Client Property and Files 128

Review Questions 129

Hypotheticals 131

Discussion Questions and Projects 133

Selected Cases 136

Selected References 137

7 Competence 139

A Introduction 140

B Legal Education 140

C Paralegal Education 141

D A Definition of Competence 143

1 Knowledge 143

2 Professional Skills 144

3 Thoroughness and Preparation 145

4 Diligence and Promptness 145

5 Communication with Clients 146

E Sanctions for Incompetence 146

F Trends in Legal Malpractice 147

G Factors Affecting Paralegal Competence 151

Review Questions 153

Hypotheticals 154

Discussion Questions and Projects 156

Selected Cases 158

Selected References 158

8 Special Issues in Advocacy 159

A Introduction 160

B Unmeritorious Claims, Delay, and Discovery Abuse 161

C Disruption in the Courtroom and Disobeying Court Orders 164

D Candor and Honesty 165

E Relationships and Communications with Judges 168

F Contact with Jurors 168

G Contact with Parties and Represented Persons 170

H Contact with Unrepresented Persons 170

I Contact with Witnesses 171

J Trial Publicity 173

K Special Rules for Prosecutors 174

Review Questions 175

Hypotheticals 177

Discussion Questions and Projects 179

Selected Cases 181

Selected References 182

9 Professionalism and Special Issues for Paralegals 183

A The State of Professionalism in the Legal Field 184

B Professionalization of the Paralegal Occupation 188

1 Commitment to Public Service 190

2 Commitment to Education 191

3 Commitment to the Highest Standards of Ethical Conduct 191

4 Commitment to Excellence 191

5 Commitment to the Paralegal Profession 191

6 Commitment to a Strong Work Ethic 191

7 Commitment to Acting with Integrity and Honor 192

8 Commitment to the Development of the Whole Person 192

9 Commitment to Exercising Good Judgment, Common Sense, and Communication Skills 192

C Current Issues in Professionalism 192

1 Regulation 192

2 Education 193

3 Utilization and Treatment 194

4 Exempt Status 194

5 Gender and Diversity 195

D Pro Bono Work 196

Review Questions 198

Hypotheticals 198

Discussion Questions 199

Selected References 201

Appendices

A NALA Code of Ethics and Professional Responsibility 203

B NFPA Model Code of Ethics and Professional Responsibility 207

Glossary 213

Index 219