...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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...Ethics and Professional Responsibility Study Unit By Michael Wilson, Esq. Reviewed By Brian Bastyr, Esq. About the Author Michael Wilson is a freelance writer and college instructor who has had wide legal and educational experience. He graduated with his Bachelor of Arts degree in English from the University of Kentucky in 1976 and three years later received his law degree from the same school. He has been a partner in a law firm, a solo practitioner, and has done work in General and Family Mediation. He has also been a fulltime instructor in Paralegal Studies at Sullivan College, Lexington, KY, where he has taught such classes as Legal Research, Advanced Legal Writing and Appellate Practice, and Wills and Estates. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has also had a number of papers published on legal topics in both scholarly and popular journals. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a Juris Doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service...
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...Unauthorized practice of law is when a general lay person applies a rule of law to a fact pattern. The general rule is that the practice of law is limited to those who are licensed after satisfying certain state requirements of education, moral character, and understanding of the law. (Orlik, D, Ethics for the Legal Professional Chapter 2 p. 39. In the first scenario if Polly Paralegal answers Mr. Stan Smith’s question she is committing unauthorized practice of law. The questions states do the grounds for divorce in North Carolina include adultery. Mr. Stan Smith is not asking for legal advice he is simply asking a question. Since Polly Paralegal has knowledge of the law then if and when she answers Mr. Stan Smith’s question she will be applying her knowledge of law to his fact pattern. Unauthorized Practice of Law occurs when the person is seeking legal advice from a person who he knows has legal knowledge but who is not a lawyer. (Orlik, D, Ethics for the Legal Professional Chapter 2 page 41) Although Mr. Stan Smith is asking Polly Paralegal a simple question with no implication on whether he is actually seeking legal advice he is just asking his friend for advice as a friend not a paralegal. It will be unethical of Polly Paralegal having legal knowledge to answer Mr. Stan Smith’s question. Polly Paralegal can resolve this by simply stating to Mr. Stan Smith that she is a paralegal she is not allowed to give legal advice but that she is happy to refer him to a divorce...
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...NALA Code of Ethics and Professional Responsibility Copyright 2007; Adopted 1975; Revised 1979, 1988; 1995; 2007. National Association of Legal Assistants, Inc. Each NALA member agrees to follow the canons of the NALA Code of Ethics and Professional Responsibility. Violations of the Code may result in cancellation of membership. First adopted by the NALA membership in May of 1975, the Code of Ethics and 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...
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...The Paralegal Profession and Ethics Based on the reading for this week, describe the role of a paralegal and the skills necessary to be a paralegal. Why are these skills important? Are paralegals able to represent clients? What is attorney-client privilege and how does this relate to the role of a paralegal? Summarize the Biblical Model as presented by Professor Bern. Post: The role of the paralegal: I would say that the role of a paralegal is primarily to assist an attorney, law office, or government agency. But there can be other roles as well that are less common, such as but not limited to assisting individuals in matters involving the social security administration. The roles of the paralegal and what duties they perform can vary widely from the common conception of working under an attorney or law firm by preparing for hearings, trials, meetings, real estate closings, helping draft documents, and even maintaining financial records; to working for federal, state, or local government agencies collecting and analyzing data for internal use as well as preparing information for use by the general public. Thomas F. Goldman & Henry R. Cheeseman, The Paralegal Professional 4, 5 (3rd ed. 2011). The skills of the paralegal: The skills of a paralegal very widely depending upon the type of work the paralegal is specialized in or engaged in. But there are some common skills shared by most paralegals and are very important. These common skills are also known as soft skills...
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...Unauthorized Practice of Law Regina Johnson PA253: Legal Ethics Professor Craig Dorne April 22, 2012 Abstract The purpose of this paper is to clearly establish and sustain a viewpoint of UPL (Unauthorized Practice of Law) in the state of Tennessee. The facts state 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...
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...We often hear the phrases: “Why Do I Need a Paralegal?” and “What Does a Paralegal Do?”. The American Bar Association (ABA) defines a paralegal as: 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. Paralegals are employed in various organizations, including law firms, corporations and governmental agencies. The role of a paralegal can vary depending upon the size and practice area of the law firm. For example, in the sole practioner setting, a paralegal may be responsible for increased administrative duties and case management in addition to drafting documents and legal research in a broad range of practice areas. In the mid-large law firm setting, a paralegal may be a member of a legal team with specific responsibilities tailored to one particular practice area or skill set, e.g. pre-litigation, discovery or trial. The role of a paralegal is evolving to include more substantive legal tasks and responsibilities. This...
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...years have allowed virtual paralegals to work from home or anywhere and provide the smaller law firms or solo attorneys the professional work ethics and helping to reduce the cost of the attorney’s overhead. With the vast improvements in technology over the years, it has allowed more out of the office work to be done. Having a laptop gives you more flexibility with travel and still be productive. Wi-Fi hotspots are readily available in many locations when traveling. What makes this excellent for small law firms and solo attorneys is that they can reduce the cost of their overhead. The small law firms and solo attorneys need the assistance of paralegals. Utilizing a paralegal outside of the office can still provide a professional level at a cost that is more cost efficient. There would be no salary to pay out, but rather an hourly rate. They would not necessarily need the extra office space expenses for a paralegal by resourcing out. Using virtual paralegals also allows the attorneys to do what they went to law school for, and that was to practice law. The average of a full-time employee hired by an office averages around $62,000 annually (Starr, 2013) which comes out to about $30 an hour. Attorney offices also have the expenses of 35 percent of taxes and benefits. Attorney's overhead costs come to around $84,000 each year. The smaller law firms or solo attorney can cut expenses down considerably by using a virtual paralegal. Smaller law firms and solo attorney...
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...Paralegals are one of the fastest growing careers in the United States. Regardless of this growth, many individuals who do not work in the legal field, and even those who do, are confused by the paralegal’s role. The volume of responsibility an attorney has on their caseload may overshadow the lawyer’s ability to handle all parts of the cases personally. Behind the scenes, a paralegal achieves a lot of functions that attorneys could not complete independently. In her article Haworth, NFPA and the Paralegal Profession- a Partnership explains that paralegals are in demand and have a positive outlook for the future and employment of paralegals is to rise by 20 percent into 2020. As law firms try to decrease costs and increase the effectiveness of legal services, they are expected to hire more paralegals. Haworth discusses that with the partnership between the...
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...Unauthorized Practice of Law So Mr. and Mrs. Stan Smith have contacted their old pal, Polly Paralegal. They have asked her questions regarding the State of North Carolina’s grounds for divorce. Mr. Stan Smith wants to know if grounds for divorce in North Carolina include adultery. Mrs. Stan Smith would like to know the answer to a similar question as she has just found out that Mr. Stan Smith has committed adultery. Mr. and Mrs. Smith believe that Polly Paralegal will be able to answer their questions; after all she does work in the legal field right? Polly Paralegal does not have a license to practice law! Therefore, she should not answer certain questions! Mr. Stan Smith asks a very specific question, “Do the grounds for divorce in North Carolina include adultery?” Polly Paralegal should not answer Mr. Stan Smith’s question. There would definitely be some Unauthorized Practice of Law being committed if she does. Polly must advise Mr. Stan Smith to consult with an attorney, she may even refer him to the attorney she works for if divorce if possible. Now if Polly were not a paralegal, maybe she is a dog groomer instead, it would not be considered unauthorized practice of law for her to answer this question. But, Polly is a Paralegal; therefore, Polly should not answer this question. (Orlik, 2008). Now Polly must also deal with Mrs. Stan Smith. This must be awkward for her! Polly Paralegal must also remember ethics in this situation. She is a friend to both sides. Polly...
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...Unit 8 Assignment Legal Ethics March 5, 2015 Amanda Woods Before answering these questions I will explain what Unauthorized 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...
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...Graded Project Thinking Critically About Ethics Graded Project Thinking Critically About Ethics Introduction The National Federation of Paralegal System (NFPA) is a very well known organization who has comprised paralegal association of individual and throughout the Canada and United States. They have their own job responsibilities that reflecting the diversity if parallel profession. This is also the responsibility of NFPA paralegal association that every individual legal supervisor does not break the law and perform their duties under given considerations (Zoubek, 2012, p. 26). On the other hand, ABA Models Rules settled by America Bar Association (ABA) for setting the rules according to the standards lawyer’s professional responsibilities and legal ethics in United States of America. Discussion In this paper, I will review activities throughout the week and identify where Carl and Attorney Howe violate the ethical considerations according to ABA Models rules and NFPA ethical considerations. Monday On the first day when Jane says, she has a side business on the side, and she didn’t pay taxes because the government does not know about it, Carl failed and avoided the ABA MR Rule 2.1; NFPA Rule EC-1.3(a) which is stated that, lawyer must be an independent lawyer and advice candidate according to justice but on that particular time Carl does not provide any instruction to Jane smith about the violation of ABA and NFPA rules. Furthermore, according to ABA MR...
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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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...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 or function which involves the performance, under the ultimate direction...
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...containing information to a case Judy is currently working on. Even though the case was public and Alesha read it aloud Judy was still not able to give any information to Alesha due to confidently laws that protect the client. Information made public can always be false, newspapers always want to create drama sometimes creating more of the situation when that is not the case. In the second scenario Judy did the right thing by telling Alesha she shouldn’t believe everything she reads and that it was not a good idea to talk about the case where there are so many people present. If incorrect information about a case has been made public, members of a legal team cannot correct this misinformation. If any person in a legal team decides to correct the information, it would be a violation of confidently and can result in serious consequences. Information that newspaper leaks or creates is to be ignored and attorneys are to focus are the information that they have. Just as in the video when Alesha found the newspaper article with Judy’s case after reading it aloud Judy knew the information was correct but she could not say anything because it violated Rule 1.6. Information should never be shared with out the consent of the client. Confidential information about case can be shared between members of a law firm...
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