...Answers to Review Questions Chapter 1: Introduction to a New Career in Law 1.1. Eighty million lawsuits are filed every year. 1.2. The five major players in the development of paralegalism are: 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: ...
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...Law Assistants Co. Law Assistants Co. Law Assistants Co. Law Assistants Co. Prepared by: Maryam Arshad (212870234), Yueying Xu (212832747), Emilie Pryse (212740338), AmynaAmyna (212837373), and Constance Tomson (212804266) All Members from Section C Prepared by: Maryam Arshad (212870234), Yueying Xu (212832747), Emilie Pryse (212740338), AmynaAmyna (212837373), and Constance Tomson (212804266) All Members from Section C Table of Contents Executive Summary 2 General Information 3 Product Overview and Economic Justification 4 Risk Assessment and Mitigation 5 Marketing Plan 7 Marketing Mix 7 Application Development Plan 8 Application Development 8 Timeframe 8 Questions and Approach ……………………………………………………………………….…9 Summary 9 Conlusion 9 Bibliography 11 Appendix A – Crime Rates Comparison 14 Appendix B – SWOT Analysis 14 Appendix C – Estimated Costs 15 Appendix D – Estimated Revenues 15 Appendix E – The LawAssist Working Process 16 Appendix F – Implementation Process 17 Appendix G – Implementation Plan 17 Executive Summary In today’s world, technology is moving at an incredibly fast pace. Industries such as healthcare, retail and finance have all implemented one or another form of modern technology. Out of the many advancements in the past decade, the most significant is cognitive computing. Defined in simple terms, cognitive computing refers to a computer system that is modeled after the human brain (Cognitive Computing)...
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...BUS5200 August 12, 2012 As a kid, I remember wanting to be lawyer. I used to defend any kid that was being picked on in the neighborhood or if an argument breakout I was that kid that tried to resolve the issue. I couldn’t even tell you why I did. I remember my mom always telling me to be a lawyer while I grew up. Although, I followed in her footsteps and became a nurse deep down I wanted to be that lawyer. Now, one day I’m hoping it becomes a reality. The other day, a friend asked me why I wanted to be a lawyer, and I was a bit surprised by the question. I never really even asked myself that question. Why do I want to be lawyer? What kind of law should I practice? Talking to individuals in the field, it seems to be a process of give and take. The private sector, although lucrative, is time consuming. If I want to go that route, I will have a six figure salary and live well, but I doubt I would have time to enjoy it my first ten years. With first year associates needing to acquire anywhere from 1800-2100 billable hours a year, you’re looking at a 60-80 hour workweek. However, there are government and non-profit work that may be quite fulfilling but with the average salary I’ll be paying be student loans for a while. As a lawyer, I will look at both sides to every issue, as I do now as a nurse. For this issue, I look to combine both career paths. I want to be a part of that fast pace...
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...Owen Lloyd Melanie Philipps EN 140 5 Aug 2011 The “Lawyers are Sharks” Delusion How can you tell when a lawyer is lying? His lips are moving. This joke, along with countless other short and witty jabs at lawyers, is sure to get a good laugh from a crowd. Comedians refer to jokes like these as “crowd pleasers”, mainly because the majority of people can relate or agree with it. The general public simply does not like lawyers. They tend to think of them as these greedy, devious, snake-like con artists that serve the rich and take advantage of the poor. Rarely will mainstream media or books try and make a case on behalf of the lawyers and argue that this stereotype is not true. Does this mean the negative image of the legal profession should be universally accepted as being accurate? Similar to the way our judicial system runs, it is necessary to properly examine both sides of this image to accurately determine if the stereotype of lawyers is true. After conducting some research and investigating both sides, it appears the bad public image lawyers are burdened with is not an accurate image at all. This claim can be proven by looking at how the stereotype actually came to be, and by looking at some of the popular claims people make against lawyers and explaining how they are wrong. Many people can agree that it only takes one bad experience to forever scar the way they feel or view that thing from then on. For instance, a child might see a clown performing at a birthday party...
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...updating and balance sheet reviewing; however, more recently, the need for a skeptical view of accounting business records has developed. In recent years, scandals such as Enron and Bernie Madoff have called for immediate action and needs of forensic accountants with a change in oversight to investigation. According to Zare, “Forensic accounting is unique in that it combines accounting with investigation. These bloodhounds as opposed to the watchdogs that are auditors attempt to sniff out fraudulent transactions from the financial records of banks and companies.” (Zare, 2013) By definition, forensic can be defined as “relating to, used in, or suitable to a court of law.” (Merriam-Webster, 2013) How can this increased level of accounting review and accuracy develop into a role that supports litigation and laws such as the Sarbanes-Oxley Act? The level of forensic accounting has led to the development and thought processes of what it actually means to be a forensic accountant. Five (5) Skills of a Forensic Accountant In addition to the basic functionality of a standard accountant, there are additional skills that would be needed for forensic accounting. The skills needed for forensic accounting are associated with practices of the occupation. The need to be analytical and detail oriented in a forensic accounting engagement and those two characteristics may be the initial and most important overall characteristics. Without them, other skills and abilities of a forensic...
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...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 and supervision of a licensed attorney, of specifically delegated substantive legal work, which work, for the most part, requires a sufficient knowledge of legal principles and procedures that , absent such person, an attorney would be required to perform the task....
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...The Paralegal Profession Ruth Keith Everest University According to Paralegal Today (2011), 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 performs specifically delegated substantive legal work, for which a lawyer is responsible” (p. 3). This paper will show the various duties of the paralegal. It will also prove what a valuable asset they are to the legal profession. Paralegals mostly work for law firms, government agencies, and corporate legal departments. They do a variety of tasks to support lawyers. They conduct legal research, draft documents, and organize and maintain files (Unknown, 2012). Interviewing clients, witnesses, and conduct legal investigations are also part of the job description. The specific tasks vary depending on the size of the office, the type of law the firm practices, and the amount of experience the paralegal has. Even though they gain a great deal of knowledge in the law, they are not authorized to give legal advice (Miller &Urisko, 2011). As a paralegal, I would like to find a position in a family law office. Working for an attorney who helps clients in either adoption proceedings or child custody cases would be the most intriguing for me. Knowing that I had a hand in helping a couple receive a child that they so desperately deserve, or removing a child from an abusive situation, would be...
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...to 3. 5. Do you agree with Fortune’s criticism of PPLS’s method of reporting for commissions? Why or why not? 6. What actions could PPLS’s management take to reduce the unease among key investors about the firm’s accounting and its business model? How does PPLS add value for its members? Individuals can always hire attorneys as they require legal services. However, PPLS provides users with several additional benefits: Lower cost. By using its leverage with attorneys, PPLS is able to negotiate lower legal fees than individuals would be able to achieve by themselves. PPLS manages this particularly effectively under the closed panel format, where it selects one law firm to work with per region. PPLS will be the largest client for this firm, and can use this position to negotiate lower fees than the law firm would be willing to offer individual clients. PPLS is therefore performing much the same role in the legal market as HMOs provided in the health industry, changing the...
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...Paralegal – A Career of a Lifetime The paralegal field has evolved into a profession that requires preciseness and a basic degree of knowledge. According to one source, a paralegal is a professional who assists attorneys in their work. These individuals perform many different functions in law offices, although they cannot perform duties considered to be within the practice of law. (What is a paralegal / what does a paralegal do?, 2015) Paralegals have been around since the 1970’s when Attorneys realized basic file and research needed to be performed by lower salaried workers. (A short history of paralegals, 2015) By hiring paralegals it freed time for the attorneys’ to perform other duties. Paralegals have become the arms of an attorney, and...
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...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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...All in all, that means buying Silver’s Gym for $600,000 is really a bad mistake for the unknowledgeable McHugh family. Questions for Discussion & Analysis 1. What are the ethical considerations involved for Donald Rosenthal, his business brokerage firm and his law firm? Donald Rosenthal is the stakeholder of Arnold, Quisling & Brutus, and at the same time, Donald Rosenthal also operates a business brokerage firm as a stakeholder. When there is a potential conflict of interest on those two entities, Donald Rosenthal will face to a dilemma to make business decisions. This dilemma will possibly affect an individual’s actions or decisions, result in lack of independence, objectivity and unethical behavior. As mention in this case, Donald Rosenthal fail to act integrity, loyalty, prudence and care to the asset management of McHugh, make unsuitable investment decision to achieve his own profit. Donald Rosenthal’s business brokerage firm has a business relationship to Edward Deegan and his Silver’s Gym. When Donald Rosenthal makes biased investment suggestion to buy the Silver’s Gym, the brokerage firm may violate several ethical rules by the employee’s conducts. When Mr. McHugh engages the law office, the law firm should work for their client’s interest; exercise supervisory duty and fiduciary duty to McHugh. By one of the...
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...Ethics Rules 1 Assignment 1.1 Ethics Rules Civil Litigation Jamey Green 11/24/2013 Ashley Moore Ethics Rules 2 Among ethical obligations of the attorney and the legal team acting as agent of the attorney are Rule 1.1 Competency Rule 1.6 (A) Confidentiality Rule 1.7 Conflicts of Interest Rule 3.3 Candor Rule 3.4 Fairness to opposing party and counsel Rule 5.1 and 5.3 Duty to supervise Rule 1.1 Competency A Lawyer shall provide competent representation to a client competent representation requires the legal knowledge, skill thoroughness and preparation reasonably necessary for the legal representation. Rule 1.6 (A) Confidentiality A Lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent. The disclosure is permitted by paragraph (b) (B) A lawyer may reveal information relating to the representation of a client to the extent the lawyer believes is necessary. The duty of confidentiality is just that for the legal team; a duty. It is a duty imposed on the attorney and each member of the legal team working under the supervision on the attorney. It enables clients to obtain legal advice by allowing them to freely and openly give the members of the legal team. All the relevant facts without fear of disclosure of these facts ( except in limited situations such as to prevent prevent commission of a crime or to defend against a client suit) Ethics Rules 3 The ABA Model Rules...
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...Legal Content Managed Service Legal Content Management Services Overview • Most firms now have established Records Management departments, but many RM programs haven’t moved beyond managing paper into the electronic world, nor have they implemented and enforced formal policies and retention schedules. Attorneys in many firms still have the freedom to set their own rules for controlling and managing records. In many cases, organizations are still struggling to gain control over records that haven’t been systematically managed since the day the firm opened. • For many years now though, firms have been reducing their reliance on paper records and increasing their reliance on electronic formats. Today’s law firm is a hybrid environment of hard copy and electronic records as it attempts to migrate over time to a “reduced” paper environment. An effective LCM program therefore, has to keep pace with changing technology and an increased reliance on electronic records, while recognizing that managing paper records is still a major component of the RIM operation and will continue to be so for years to come. • There is a need for a well-documented and enforced LCM program that adds consistency, compliance and structure to the enormous volumes of records and media created and received in law firms on a daily basis. A managed LCM program will help firms gain control of, improve access to and effectively manage this huge amount of information as it moves and is captured throughout the...
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...PA230: Unit 2 Assignment Kaplan University Ethical Considerations for a Law Firm Website * To: Supervising Attorney * From: Pat Paralegal * Re: Security Protocols in the Law Office * Date: 11-24-2014 In regards to what is admissible on the website, you must list what state that you practice in. According to ABA Model Rule 7.4 “A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless: (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and (2) the name of the certifying organization is clearly identified in the communication.” The Rule makes it clear of this when it states “The lawyer has been certified by an appropriate state authority”. An attorney can list a legal specialty on the webpage, but there are specific rules that must be followed. According to ABA Model Rule 7.4 “A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless: (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and (2) the name of the certifying organization is clearly identified in the communication.”. As long as you certified by the appropriate state authority, you should be in...
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...II. Website Content A. Information about Lawyers, their Law Firm, or their Clients Lawyer websites may provide biographical information about lawyers, including educational background, experience, area of practice, and contact information (telephone, facsimile and e-mail address). A website also may add information about the law firm, such as its history, experience, and areas of practice, including general descriptions about prior engagements. More specific information about a lawyer or law firm’s former or current clients, including clients’ identities, matters handled, or results obtained also might be included. Any of this information constitutes a “communication about the lawyer or the lawyer’s services,” and is therefore subject to the requirements of Model Rule 7.13 as well as the prohibitions against false and misleading statements in Rules 8.4(c) (generally) and 4.1(a) (when representing clients). Together, these rules prohibit false, fraudulent or misleading statements of law or fact. Thus, no website communication may be false or misleading, or may omit facts such that the resulting statement is materially misleading. Rules 5.1 and 5.3 extend this obligation to managerial lawyers in law firms by obligating them to make reasonable efforts to ensure the firm has in place measures giving reasonable assurance that all firm lawyers and nonlawyer assistants will comply with the rules of professional conduct. 1 This opinion is based on the ABA Model...
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