...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 conduct. Enforcement...
Words: 4202 - Pages: 17
...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...
Words: 22897 - Pages: 92
...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...
Words: 633 - Pages: 3
...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...
Words: 755 - Pages: 4
...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...
Words: 1199 - Pages: 5
...asked for an attorney. He did not identify himself as a paralegal. Carl failed to identify himself as a paralegal. ABA 5.5 (b) ( NFPA EC-1.7(a) A paralegal’s title shall clearly indicate the individual’s status and shall be disclosed in all business and professional communications to avoid misunderstandings and misconceptions about the paralegal’s role and responsibilities. When Carl took a third person into the interview, that was a breach of confidentiality. (NFPA 1.5 A PARALEGAL SHALL PRESERVE ALL CONFIDENTIAL INFORMATION PROVIDED BY THE CLIENT OR ACQUIRED FROM OTHER SOURCES BEFORE, DURING, AND AFTER THE COURSE OF THE PROFESSIONAL RELATIONSHIP) ABA 1.6 Carl was advising the client about alimony, fees, and other matters, which crossed the line on practicing law. (NFPA EC-1.8(a) A paralegal shall comply with the applicable legal authority governing the unauthorized practice of law in the jurisdiction in which the paralegal practices) ABA 5.5 Carl allowed the friend of the client to possibly see names and information on Attorney Howe’s desk. (NFPA 1.5 A PARALEGAL SHALL PRESERVE ALL CONFIDENTIAL INFORMATION PROVIDED BY THE CLIENT OR ACQUIRED FROM OTHER SOURCES BEFORE, DURING, AND AFTER THE COURSE OF THE PROFESSIONAL RELATIONSHIP.) ABA 1.6 When Jane and Zeke walk through the reception area, Carl starts talking loudly about the case, mentioning alimony—another breach of confidentiality. (NFPA 1.5 A PARALEGAL SHALL PRESERVE ALL CONFIDENTIAL INFORMATION PROVIDED BY THE...
Words: 362 - Pages: 2
...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 lawyer who can help answer his questions. According to Canon 3 of the ABA Model Code of Professional Responsibility a non-lawyer who undertakes to handle legal matters is not governed as to integrity or legal...
Words: 1058 - Pages: 5
...the 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...
Words: 931 - Pages: 4
...legal help suffer for it? In the American Bar Association Model Rules of Professional Conduct, it states, "A lawyer shall not practice law in a 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...
Words: 1552 - Pages: 7
...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...
Words: 680 - Pages: 3
...The American Bar Association defines a paralegal as: A legal assistant or 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. While the definition of the paralegal seems to be continuing to evolve and change so do their duties and job functions. “Only statutory, court authority or a supervising attorney’s determination of a paralegal’s competency limits the tasks a paralegal may perform. Paralegals perform the same functions as an attorney except those prohibited by unauthorized practice of law statutes, i.e., accepting clients, setting legal fees, giving legal advice or representing others in court.” National Federation of Paralegal Associations, Inc., Paralegal Responsibilities, 1, 2011. It is because of the job functions that Paralegals must have certain “core” skills to perform necessary tasks. “…such as communication, initiative, resourcefulness, problem solving, perseverance, teamwork, leadership and self-motivation.” Thomas Goldman & Henry Cheeseman, The Paralegal Professional, 7, 4th ed., 2014. Mastering these skills can be an invaluable resource to both you and a prospective employer. Communication between a client and their attorney are protected under the rule of evidence, attorney-client privilege. This privilege by extension passes through...
Words: 376 - Pages: 2
...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...
Words: 854 - Pages: 4
...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 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...
Words: 1049 - Pages: 5
...Erin Brockovich The movie Erin Brockovich is based on a true story of a heroic paralegal, who uncovers that a California utility company, Pacific Gas and Electric Company, polluted the groundwater around Hinkley, California. Pacific Gas and Electric Company used Hexavalent Chromium to control corrosion in their cooling tower. The wastewater dissolves the Hexavalent Chromium from the cooling towers and then discharges to unlined ponds at the site. This wastewater went into the soil and contaminated the groundwater. As the story unfolds, Erin is using a direct approach with her appearance, dedication, kindness and hard work to unveil a massive water contamination cover-up. Also, there are a few ethical issues arising in this movie about her appearance and the approach that she is choosing to find the truth. She is convincing her attorney Mr. Masory to take the risk and fight against the big corporation. She utilizes her sexuality at the water board to achieve her target. On the other hand, a professionally qualified paralegal would have represented her firm in her manner and appearance. Other than that, in order to obtain the same information’s and documents, a professional paralegal would have sent a subpoena through her law firm. The families who lived in that area had no suspicion that their illnesses were the result of the water contamination. Erin became a paralegal by forcing her way to Mr. Masory’s office to extort a job from him. In order to get a job at Mr....
Words: 628 - Pages: 3
...Importance of Writing Skills as a Paralegal Tanya Buckmaster May 27, 2014 CM107-10 College Composition I Professor Gregg A paralegal is a professional that has obtained the required education and experience to Perform legal work under the supervision of an attorney. In order for paralegal students to strive in their chosen field, they must learn and demonstrate exceptional writing skills. Writing well will not only help you strive as a paralegal in the law office, it can also imp- rove your communication skills. So much of the communication in a law office is through writing. With excellent writing skills you have the ability to advance to a higher position, such as Paralegal Director. Good writing skills can save you and the law firm time and money. Writ- ing well will improve your own self-image and will gain you respect from the attorneys you work for. Writing is one of the primary parts of your job; it is communicating. A successful paralegal doesn’t begin a writing process without answering the who the writing is aimed towards and what the writing is focused on. As a paralegal, you must be able to separate the important information from the unimportant information. The purpose of writing a report, memo, or a brief is to make something happen. The clearer your writing is, the more likely you are to attain the results you are aiming for. When writing, write as if you were talking face to face with your reader...
Words: 540 - Pages: 3
