... National Federation of Paralegal Associations National Association of Legal Assistants American Bar Association Your state bar association Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: (1) nationwide (e.g., NFPA and NALA) (2) statewide (e.g., Illinois Paralegal Association) (3) regionwide encompassing more than one state (e.g., Rocky Mountain Paralegal Association) (4) regionwide...
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...1. Tell me in your own words (that means do not copy verbatim from the text) what a paralegal is and what a paralegal does. Give examples. - A paralegal is someone who assists a lawyer by working with clients, managing cases, and doing legal research. However they are not allowed to give any legal advice to the public because they are not permitted to do so. To me a paralegal does all of the “dirty work” for the actual lawyer. 2. Tell me what kinds of paralegal tasks you think you would find interesting. - The paralegal task I find interesting are the ones were you have to do legal research. 3. Explain what unauthorized practice of law (UPL) is. Give 2 examples of UPL. - Unauthorized practice of law is for example when you as a paralegal give out legal advice without the supervision or permission from a lawyer. As a paralegal you are not qualified to give out that type of advice. Another UPL is if you are not qualified you cannot sell your law advice in something such as a book, and make a profit off of it. 4. Read the Furman case (case 1 in the next document) and in your own words tell me why Ms. Furman got into trouble. - Ms. Furman got in trouble because she was not authorized to give out that type of advice. Yes, her heart was in the right place, but there are laws, and a process you have to go through. If it were as easy as just wanting to help out, everyone would be a lawyer and it would be complete chaos. The standards to give out that type of advice are there...
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...organizations out there for an individual to join or become affiliated with. Each would benefit every individual differently according to their education and/or work field. Houston Metropolitan Paralegal Association (HMPA) is amongst one of these organizations. The (HMPA) was founded in 1973 it was formerly the Houston Legal Assistants Association. The Houston Metropolitan Paralegal Association (“Association”) is a professional organization maintained for the benefit of its members, the legal profession and the general public. (http://houstonparalegals.org/page.asp?p=About%20Us:%20Code%20of%20Ethics. (HMPA’s) goal is to promote the professional advancement of legal assistants in Houston. Members of this organization have dues that they would pay. Being a member of this organization would have a great deal of benefits. A law firm, student studying to be a paralegal, or a legal assistant can be a member of this organization. Keywords: Houston Metropolitan Paralegal Association (HMPA), legal assistants, paralegals, CLE’s, membership, attorney, benefits, law office Houston Metropolitan Paralegal Association According to the State Bar of Texas of Directors, and the Paralegal Division of the State Bar of Texas, adopted a new definition for “Paralegal:” a paralegal is a person, qualified through various combinations of education, training, or work experience, who is employed or engaged by a lawyer, law office, governmental agency, or other entity in a capacity...
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...Professional Responsibility is the foundation of ethical practices of paralegals in the legal community. Shape A paralegal must adhere strictly to the accepted standards of legal ethics and to the general principles of proper conduct. The performance of the duties of the paralegal shall be governed by specific canons as defined herein so that justice will be served and goals of the profession attained. (See Model Standards and Guidelines for Utilization of Legal Assistants, Section II.) The canons of ethics set forth hereafter are adopted by the National Association of Legal Assistants, Inc., as a general guide intended to aid paralegals and attorneys. The enumeration of these rules does not mean there are not others of equal importance although not specifically mentioned. Court rules, agency rules and statutes must be taken into consideration when interpreting the canons. Definition: Legal assistants, also known as paralegals, are a distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal education, training and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney. In 2001, NALA members also adopted the ABA definition of a legal assistant/paralegal, as follows: A legal assistant or paralegal is a person qualified by...
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... Practice of Law Mr. Stan Smith calls his friend, “Polly Paralegal,” and Leaves a message asking, “Do the grounds for divorce In North Carolina include adultery? Later that day, Mrs. Stan Smith calls Polly Paralegal and leaves a message Asking, “Do I have grounds for divorce in North Carolina? I just found out that “Stan” committed adultery.” North Carolina Law: If you or your spouse is engaging in extra-marital “affairs,” then the position of filing an “alienation of Affections” or “criminal conversation lawsuit” against Your spouse paramour” seeking substantial money damages Against your spouse’s paramour. If that is the case, you Are well-advised to obtain proof of his or her affair. Polly Paralegal did not engage in the unauthorized Practice of law. Under the ABA Model Rules, the….Unauthorized practice of law is defined as 84-37 (c) Actions brought under this section shall be the superior Court of any county in which the acts constituting Unauthorized or unlawful practice of law are alleged To have been committed or in which there appear Reasonable grounds that they will be committed or in The county where the defendants in the action reside Or in Wake County, North Carolina. Based on the definition of the unauthorized practice Of law I do not believe that...
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...Paralegals are typically well prepared to enter the real-world practice of law; they emphasize in legal research methods and procedures and are something like the right hand of an Attorney. Even though paralegals are able to do a lot of things lawyers do they must always pay close attention to the things that they say or do; Many are not aware of the fact that answering a simple question as “How should I sign?” might be giving legal advice. It is important for a paralegal to be aware of the guidelines to be followed regarding the extent of their capacity as legal assistants/paralegals. It is the job of the supervising attorney to make the paralegal aware of the fact that “whatever the ethical rules forbid the attorney from doing, they also forbid the paralegal from doing” (Goldman and Cheeseman, 2009, Ch. 2, Pg. 48). Furthermore, an attorney must also inform the paralegals under his/her supervision about the rules to be followed with regard to answering questions, avoiding UPL, avoiding conflict of interest, etc. A paralegal’s job is limited by the work set out by the supervising attorney. As a specific task, an attorney is required to set out guidelines and tasks for specific projects given to a paralegal always checking and supervising their work. A paralegal must be aware of the Rules of Professional Conduct followed by lawyers with regard to the things they cannot do, for they themselves must follow them. According the American Bar Association “A legal assistant or paralegal...
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...Practice of Law is. Unauthorized Practice of law is when a paralegal gives legal advice to anybody. A paralegal cannot advise a person on the law and what they can and cannot do. For example if a paralegal is asked My mother fell down the steps at her apartment building and the owner of the building has refused to fix the steps and that’s the reason she fell, legally what can we do? The paralegal cannot answer this question because it is a specific question about specific people and a specific incident. If the person had asked if a person fell down the stairs due to negligence what can be done? The paralegal could answer this question because you could find the answer on the internet and because it is a hypothetical question not a specific case. If Mr. Smith calls and leaves a message with Polly Paralegal asking if the grounds for divorce in North Carolina include adultery. Polly Paralegal can answer his question without the fear of Unauthorized Practice of Law because this is a generic question that isn’t specific about any one person or incident. She could easily do the legal research on this question and let him know what the law states. She could also give him the definition of adultery so he knows what it classified as. Because Polly Paralegal is telling Mr. Smith information that he could easily find on the internet it would not be considered UPL. In Mrs. Smith’s case when she asks Polly Paralegal if she has the grounds for divorce because she found out Stan...
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...lawyers are licensed by the government but paralegals are not. - Paralegals are not licensed by the government because they are not directly responsible to the public. The lawyer supervises their work and is directly responsible to the public. Therefore, lawyers must be licensed. 2. T or F A paralegal program must be approved by the American Bar Association in order to operate. -True 3. If a NC lawyer wants to practice law in Texas, what requirements must he/she meet? - If a lawyer wants to move to another state to practice law, he/she must take that state's BAR exam in order to be able to practice there. In order to be eligible to take the bar exam, the lawyer must have a bachelor's degree (4 years) followed by a Juris Doctor degree (3 years) 4. Explain the difference between certification and licensure. - Paralegals can get certified by state in a certification program two-day comprehensive examination. It is not required but looks good on your resume and also more reliable for lawyers to look at when hiring. -Paralegals have no state license requirements to enter profession, and no unified code of ethics. To protect the public, certain professions such as law, require state licensure as a method of regulating who can practice. 5. Name the national organization that certifies paralegals. (Do not abbreviate.) -The National Association of Legal Assistants 6. State the reason that those who would like to become paralegals are encouraged to pursue a bachelor's degree...
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...that Mr. Stan Smith calls his friend, Polly Paralegal, and leaves a message asking, “Do the grounds for divorce in Tennessee include adultery?” Later that day, Mrs. Stan Smith calls Polly Paralegal and leaves a message asking, “Do I have grounds for divorce in Tennessee? I just found out that Stan committed adultery.” Questions: 1. If Polly Paralegal answers Mr. Smith’s question, will she have engaged in the unauthorized practice of law? Explain and support your answer with information for at least one authoritative reference source. 2. If Polly Paralegal answers Mrs. Smith’s question, will she have engaged in the unauthorized practice of law? Explain and support your answer with information for at least one authoritative reference source. Unauthorized Practice of Law What is the unauthorized practice of law? What does a paralegal do when they answer friends’ questions? Is Polly Paralegal committing UPL is she gives advice to her friends Mr. and Mrs. Stan Smith? By state statutes and ethics codes and the ABA Model Rules, attorneys are prohibited from aiding in the unauthorized practice of law and have an obligation to supervise their legal assistants and paralegals to ensure that they are not engaging in the unauthorized practice of law either. Attorneys also have to be careful that the duties they delegate to their paralegal are not considered practice of law too. The Unauthorized Practice of Law does not have a definition. It is the application of a rule of law...
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...We have been asked to define who a paralegal is, name the skills that are required to be a paralegal as well as the importance of those skills, ascertain whether paralegals can represent individuals, what the definition of attorney-client privilege is and how that relates to being a paralegal. Additionally, we have been asked to summarize Professor Bern’s Biblical Model and how it applies to legal analysis. What is a paralegal? According to the National Association of Legal Assistants, a paralegal is “a person qualified by education, training, or work experience…who performs specifically delegated substantive legal work for which a lawyer is responsible.” (Goldman and Cheeseman at 4). The National Federation of Paralegal Association further states that the work that a paralegal performs “requires knowledge of legal concepts as customarily, but not exclusively performed by a lawyer.” (Id. at 4). In order for a paralegal to perform his or her duties, he or she must possess certain “soft skills” including but not limited to being honest with the ability to solve problems, being persuasive, a leader, being open to new ideas, having the ability to be flexible and having the desire to further their education. (Id. at 7). These skills as well as being resourceful, committed, being able to analyze information and being able to communicate are vital in allowing the paralegal to efficiently assist the attorney. As a paralegal, I must utilize skills such as these on a daily...
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...The role of a paralegal is 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 who perform specifically delegated substantive legal work for which a lawyer is responsible (The Paralegal Professional Fourth Edition, pgs. 4, 22 & 28,). The primary function of a paralegal is to assist attorney in preparing for hearings, trials, meetings and real estate closings. Paralegals are also responsible for completing the preparatory work of a case which includes file creation and management, the completion of necessary documents and forms, maintaining financial records which would include billing and recordkeeping. Paralegals can assist in interviewing of clients and witnesses. The paralegal requires many skill sets in order to be successful in this type of profession. As the text states, the acronym “PEOPLE” provides the embodiment of the skills needed and includes the following abilities listed below: Problem-solving abilities (organization, judgement, logic, creativity, conflict resolution) Ethics (diplomacy, courtesy, honesty, professionalism) Open-mindedness (flexibility, open to new business ideas, positive outlook) Persuasiveness (excellent communication and listening skills) In addition, having the expertise in the relevant legal computer programs as well as proficiency in research skills are critical tools to becoming a successful paralegal. As technology moves ahead...
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...WHY MY EDUCATION IS SO IMPORTANT TO ME In the world today Paralegal is a dream for me. My reasons for this choice of a career is for that Paralegals get to work along the side of an attorney, and they end up learning a lot from the attorney about the law. I will be discussing about why my education is so important to me. And for one on who inspired me, my goals, dreams, motivation, and what also aspire me to keep on going to school help to do better for me and my family. The definition of a paralegal is a person trained in legal matters, who performs routine tasks requiring some knowledge of the law and procedures. A paralegal, like a lawyer, can be employed by a law office or work freelance. An unlicensed paralegal is supervised by a lawyer and cannot engage in the practice of law. Usually, paralegals have taken a prescribed series of courses in law and legal processes. Paralegals often handling much of the paper work in probates of estates, divorce actions, bankruptcies, investigations, analyzing depositions, preparing and answering interrogatories, procedural motions and other specialized jobs. First, I aspire to be the best I can be and to go through life without causing harm or distress to either myself or to others. I’m going to continue the human race and provide abundantly for my daughter and raise her to be thoughtful of others and to have aspiration. My dream has always been to support myself and my daughter...
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...procedures. Injunction, criminal prosecution, citations for contempt of court and writs of quo warranto are some of the actions states take for those who commit UPL. Paralegals or legal assistants are “a distinguishable group of persons who assist attorneys in the delivery of legal services”. They are not licensed to practice law. In the scenarios , Polly Paralegal’s response is the only thing that can determine if she has committed UPL. If Polly Paralegal responds to Mr. Smiths question by stating “Yes, Mr. Smith in the state of North Carolina adultery has grounds for a divorce.”, then yes Polly is committing UPL. Polly would be using her knowledge in the legal field to answer Mr. Smith’s question. If on the other hand, Polly tells Mr. Smith that she is not able to give him an answer to his question, he should seek an attorney’s advice, then no, she is not committing UPL. Polly would not be giving any legal advice to Mr. Smith, therefore, there is no practice of law taking place. The same situation will apply to Polly with Mrs. Smith’s question. Depending on how Polly Paralegal answers the question will determine if she commits UPL or not. Due to the fact that Polly knows both Mr. and Mrs. Smith and is considered a friend to them, the likelihood of her committing UPL is much higher. Not knowing how Polly Paralegal responds to Mr. and Mrs. Smiths questions there is no way to determine...
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...jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction or assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law." What this definition indicates is that attorneys may not practice law where they are not licensed to do so and they may not assist another person in UPL. So for an attorney licensed in only one state, she/he may not practice law in another without appropriate licensure. As for another person committing UPL, this would include helping a legal assistant work outside the boundaries of their legal responsibilities as a non-lawyer professional. The goal of UPL is to protect the public from being subjected to fraudulent practice by persons not qualified to give legal counsel. In addition, when they employ legal assistants they must be cautious not to do anything less than adequately supervise their staff and ensure that UPL is not committed. Attorneys are the only ones who can give legal advice to clients. Great care must be taken by legal assistants that the information they give to clients does not constitute UPL. The line is very fine and it must not be overstepped or the supervising attorney could lose his/her license. Paralegals are bound by the same ethics rule that attorneys are under the ABA. Some ways they can violate the practice of law would be an...
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...NATIONAL FEDERATION OF PARALEGAL ASSOCIATIONS, INC. MODEL CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND GUIDELINES FOR ENFORCEMENT PREAMBLE The National Federation of Paralegal Associations, Inc. ("NFPA") is a professional organization comprised of paralegal associations and individual paralegals throughout the United States and Canada. Members of NFPA have varying backgrounds, experiences, education and job responsibilities that reflect the diversity of the paralegal profession. NFPA promotes the growth, development and recognition of the paralegal profession as an integral partner in the delivery of legal services. In May 1993 NFPA adopted its Model Code of Ethics and Professional Responsibility ("Model Code") to delineate the principles for ethics and conduct to which every paralegal should aspire. Many paralegal associations throughout the United States have endorsed the concept and content of NFPA's Model Code through the adoption of their own ethical codes. In doing so, paralegals have confirmed the profession's commitment to increase the quality and efficiency of legal services, as well as recognized its responsibilities to the public, the legal community, and colleagues. Paralegals have recognized, and will continue to recognize, that the profession must continue to evolve to enhance their roles in the delivery of legal services. With increased levels of responsibility comes the need to define and enforce mandatory rules of professional ...
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