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LAS 203 - Ethics & Professional Practice > Chapter 2 - Regulation of Paralegals and Ethics Guidelines for Paralegals > Flashcards

Chapter 2 - Regulation of Paralegals and Ethics Guidelines for Paralegals Flashcards

1
Q

The (1) was established to provide funding for legal services to the indigent, which led to (2) and (3), as well as improved practice models that included (4).In 1967, the ABA endorsed the concept of the paralegal and established the (5).

A
  1. Legal Services Corporation
  2. low-cost legal clinics
  3. prepaid legal plans
  4. paralegals/legal assistants
  5. Standing Committee on Legal Assistants (later Standing Committee on Paralegals)
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1
Q

As numbers of paralegals in law firms began to grow, the (1) was started for managers of the paralegals. It is now known as the (2). Paralegals also began (3).

A
  1. Legal Assistant Management Association
  2. International Paralegal Management Association
  3. freelancing
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2
Q

After acceptance of the concept of paralegals, the first (1) and then (2). The (3), a voluntary certification program, was established by NALA.

A
  1. formal paralegal training programs
  2. paralegal associations
  3. Certified Legal Assistant program (CLA)
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2
Q

Two types of paralegal tests

A
  1. NALA’s Certified Legal Assistant test (CLA)

2. NFPA’s Paralegal Advanced Competency Examination (PACE) (to be a Registered Paralegal)

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3
Q

3 paralegal associations

A
  1. National Federation of Paralegal Associations (NFPA)
  2. National Association of Legal Assistants (NALA)
  3. American Association for Paralegal Education (AAfPE)
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3
Q

Another group that includes paralegals is (1), which was made years ago to represent legal secretaries.

A
  1. NALS
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4
Q

A form of recognition of an occupation based on a person’s having met specific qualifications, usually undertaken voluntarily

A

certification

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5
Q

Mandatory form of regulation in which a government agency grants permission to engage in an occupation and use a title

A

licensing

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6
Q

Typically, both licensing and certification require applicants to meet requirements for (1) and (2) and to pass an examination. Additional requirements include adoption of a (3), a mechanism for (4), and requirements for (5).

A
  1. education
  2. moral character
  3. ethics code
  4. disciplining licensed persons who violate ethics rules
  5. continuing education
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7
Q

States have individually made steps to (1) the paralegal profession by (2) and setting (3). California adopted the first (4) in the country; this set of statutes is neither certification nor licensing.

A
  1. regulate
  2. defining paralegals/legal assistants
  3. qualifications
  4. regulatory scheme for paralegals
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8
Q

3 basic requirements of California law regarding paralegals, with which most law firms comply

A
  1. must work under supervision of a lawyer
  2. certain experience/education/ongoing education
  3. Illegal to hold self as paralegal if not meeting the requirements
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9
Q

While many paralegals across the country continue to promote (1), several associations have changed strategy and are working to establish (2) programs of (3).

A
  1. regulation
  2. state-sponsored
  3. voluntary certification
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10
Q

Certification examinations are often given in several (1), valid for a (2) and (3).

A
  1. areas of law
  2. specified time
  3. renewable
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11
Q

3 things that might be required for voluntary certification

A
  1. Meet educational requirements
  2. Have designated levels of legal experience
  3. pass examination
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12
Q

The (1) continues to hold fast in opposing reuglation and is neutral toward voluntary certification, because the public is protected by (2). (3) also opposes licensing.

A
  1. ABA Standing Committee on Paralegals
  2. standards on lawyers
  3. International Paralegal Management Association
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13
Q

6 arguments against licensing of attorney-supervised paralegals

A
  1. unnecessary because attorneys are accountable
  2. increases cost of legal services
  3. stifles development of profession by limiting functions performed
  4. inappropriately limits entry into the profession
  5. unnecessarily standardizes paralegal education
  6. limits paralegals from moving into new areas of practice or duties
14
Q

5 arguments for licensing of traditional paralegals

A
  1. provides appropriate public recognition for paralegals
  2. ensures high standards and quality of work by paralegals
  3. expands use of paralegals, thus, access to legal services at lower costs
  4. provides guidance to clients and to lawyers regarding the paralegal role and qualifications
  5. encourages needed standardization in paralegal education
15
Q

9 points of contention in deciding whether paralegals should be licensed

A
  1. what level of education should be required
  2. whether experienced paralegals without formal education can be licensed
  3. the necessity for a competency-based examination
  4. moral character check?
  5. continuing education?
  6. separate ethics code?
  7. whether legislature should regulate
  8. how discipline should be handled
  9. how entire process should be funded
16
Q

A related debate to licensing is whether (1); some laws have already ruled against it.

A
  1. disbarred lawyers should be able to work as paralegals
17
Q

The need for (1) has spurred opening up of nonlawyer practice. Some commentators favor (2) of nonlawyer legal service providers for tasks such as handling (3) and (4).

A
  1. greater access to legal services
  2. limited licensing
  3. simple real estate closings
  4. drafting simple wills
18
Q

persons not licensed to practice law who provide legal services directly to the public

A

nonlawyer legal service providers

19
Q

nonlawyer legal service providers who assist persons in preparing legal documents without giving legal advice

A

legal document assistants (California)/legal document preparers (Arizona)

20
Q

3 things a certified document preparer can do

A
  1. provide and prepare forms
  2. provide information (but not legal advice)
  3. file/arrange for service
21
Q

Washington has proposed a Limited Practice Rule for (1) who would be able to do a number of tasks.

A
  1. Legal technicians
22
Q

Some states have adopted (1) for attorneys working with paralegals. Some have also prepared accompanying (2) or (3).

A
  1. guidelines
  2. statements on the effective use of paralegals
  3. listings of paralegal job functions
23
Q

6 critical areas of ethics that come into play with non-lawyers who arenot subject to discipline

A
  1. unauthorized practice of law
  2. disclosure of status as a paralegal
  3. confidentiality
  4. conflicts of interest
  5. supervision and delegation
  6. financial arrangements between lawyers and paralegals
24
Q

The (1) serves as a model for states and as a guide to help lawyers use paralegal services effectively and appropriately. Many jurisdictions have adopted all or some of these.

A
  1. ABA Model Guidelines for the Utilization of Paralegal Services
25
Q

Both major national paralegal professional associations have codes of ethics; NALA has the (1), and NFPA has the (2) as well as the (3).

A
  1. Code of Ethics and Professional Responsibility
  2. Affirmation of Responsibility
  3. Model Disciplinary Rules (impose punishments)
26
Q

NALA has both (1) and (2). All members sign a (3) to NALA’s code of ethics, and at the (4) there is a mechanism in place to investigate violations and remove membership. The code must be signed again every (5).

A
  1. individual members
  2. affiliated local chapters
  3. statement of commitment
  4. national level
  5. five years
27
Q

NALA also publishes the Model Standards and Guidelines for the Utilization of Legal Assistants. The two purposes of the guidelines are (1) and (2).

A
  1. serve as educational and informational tool for individual attorneys
  2. provide a model for states seeking to develop their own guidelines
28
Q

The NFPA issues (1) on current concerns of interest to practicing paralegals, such as Internet communication and outsourcing of legal work.

A
  1. ethics opinions
29
Q

Lawyers have a strong (1) to make sure paralegals know the state codes, but some states require (2) toward this. (3) of the ABA’s Model Rule requiring lawyer’s responsibilities in retaining lawyers mandate that lawyers provide appropriate instruction and supervision as well as internal procedure and policies related to ethics.

A
  1. incentive
  2. affirmative steps
  3. Official comments
30
Q

Another incentive for paralegals to act correctly is that they are (1) in (2).

A
  1. potential defendants

2. civil malpractice suits

31
Q

Lawyers are responsible for paralegals under the doctrine of (1) or (2)–they are responsible for the paralegals’ acts in the scope of employment.

A
  1. respondeat superior

2. vicarious liability

LAS 203 - Ethics & Professional Practice (12 decks)

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