Chapter 1 Flashcards
What is a paralegal?
a person qualified by education, training, or work experience, who is employed or retained by an attorney, law office, corporation, governmental agency, or other entity who performs specifically delegated substantive legal work for which a lawyer is ultimately responsible
Can a paralegal represent a client legally in any way?
No, not in the US
What is the primary responsibility of a paralegal?
Carrying out the tasks set out by the employer
What are the five specific acts which only a licensed attorney can perform?
- Establish the attorney-client relationship
- Give legal advice
- Sign legal papers and pleadings on behalf of a party
- Appear in court on behalf of another
- Set and collect fees for legal services
Can paralegals appear in a representative capacity?
Yes, in many types of administrative hearings (hearings held by administrative agencies located with the executive branch, as opposed to courts formally organized as part of the judiciary)
What tasks can paralegals perform?
Legal research, legal writing, factual investigation, preparation of exhibits, interviewing clients and witnesses, calendaring and tracking important deadlines, and other day-to-day tasks of case management
What is the difference between freelance paralegals and independent paralegals?
Freelance paralegals operate their own businesses and provide services to attorneys on a contractual basis. Independent paralegals offer their services directly to the public or contract with law firms and other entities without the need for attorney supervision.
What are some fundamental skills and character traits essential for a paralegal?
Honesty, loyalty, analytical skills/good judgement, knowledge, communication, organization, attention to detail, motivation, and empathy
What is substantive law?
Laws that regulate legal rights and obligations (from either the constitution, legislative enactments (statutes) or case law)
Laws that define the rights and duties of individuals towards one another and toward the state
What is procedural law?
Laws that establish methods of enforcing rights and obligations set by substantive law
Provides the ground rules for the way cases proceed through the court system
When was UPL (unauthorized practice of law) prohibited?
In the mid 1850s, restrictions were placed on who could or could not practice law. By the 1930s, nearly all states had enacted legislation prohibiting anyone but licensed attorneys from practicing law.
What organizations oversee and regulate paralegals?
NFPA and NALA, the two major national paralegal associations, which were formed to define and represent paralegal professional interests on a national level
Who adopted the canons of ethics?
The National Association of Legal Assistants, Inc.
Canon 1: Separation of Duties
A paralegal must not perform any of the duties that attorneys only may perform nor take any actions that attorneys may not take.
Canon 2: Tasks
A paralegal may perform any task which is properly delegated and supervised by an attorney, as long as the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product.
Canon 3: Paralegal Don’ts
Don’t
1. engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law
2. establish attorney-client relationships, set fees, give legal opinions or advice or represent a client before a court of agency unless so authorized by that court or agency
3. engage in conduct or take any action which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety
Canon 4: Guideline for Decision Making
A paralegal must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney
Canon 5: Disclosure
A paralegal must disclose their status as a paralegal at the outset of any professional relationship with a client, attorney, a court or administrative agency or personnel thereof, or a member of the general public. A paralegal must act prudently in determining the extent to which a client may be assisted without the presence of an attorney.
Canon 6: Integrity and Continuing Education
A paralegal must strive to maintain integrity and a high degree of competency through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law
Canon 7: Confidentiality
A paralegal must protect the confidences of a client and must not violate any rule or statute now in effect or hereafter enacted controlling the doctrine of privileged communications between a client and an attorney
Canon 8: Full Disclosure
A paralegal must disclose to their employer or prospective employer any pre-existing client or personal relationship that may conflict with the interests of the employer or prospective employer and/or their clients
Canon 9: Responsibility
A paralegal must do all other things incidental, necessary, or expedient for the attainment of the ethics and responsibilities as defined by statute or rule of court
Canon 10: Conduct
A paralegal’s conduct is guided by bar associations’ codes of professional responsibility and rules of professional conduct
Why is the legal profession regulated?
What is privileged communication?
What does licensing really mean?
