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LAS 203 - Ethics & Professional Practice > Week 10 Lecture > Flashcards

Week 10 Lecture Flashcards

1
Q

4 requirements for lawyer education

A
  1. Bachelor’s degree
  2. Law school
  3. Bar exam
  4. continuing legal education
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2
Q

The ABA is beginning to update (1) rules to include (2).

A
  1. continuing education

2. technology (e-filing, producing docs, etc.)

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3
Q

4 ways PLs share lawyers’ commitment to education and skill development

A
  1. ABA-approve paralegal program
  2. Bachelor’s degree
  3. certification (NALA, PACE)
  4. continuing legal education
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4
Q

5 things encompassed in the definition of competetence

A
  1. legal knowledge/skill
  2. thoroughness/preparation
  3. diligence
  4. promptness
  5. communication with clients
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5
Q

3 ways you should keep communicating with clients

A
  1. keep them informed about the status of their matters
  2. comply with requests for info
  3. explain matters so clients can make informed decisions (paralegals CANNOT do this, but can provide copies, etc.)
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6
Q

2 things encompassed in “skills” part of competence

A
  1. proficiency in the execution of tasks (PL)

2. implementation of legal decisions into action (PL can assist attorney on this)

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7
Q

(1) is one of the most critical aspects of PL competence. Learn all the (2), be (3) about every detail and be (4). Paralegals are valued for their (5) and (6).

A
  1. Thoroughness
  2. facts
  3. meticulous
  4. prepared
  5. knowledge on cases
  6. attention to detail
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8
Q

persistent attention to a legal matter to ensure it is resolved with the best possible outcome for the client

A

diligence

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9
Q

meeting all deadlines

A

promptness

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10
Q

Communication with clients comprises (1) and (2).

A
  1. prompt return of phone calls

2. ongoing communication

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11
Q

Malpractice is (1) in the performance of duties by a professional, either (2) or through (3).

A
  1. improper conduct
  2. intentionally
  3. through negligence
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12
Q

Failure to exercise the standard of care commonly observed in other professionals

A

professional negligence

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13
Q

5 incompetence issues that may bring disciplinary action

A
  1. lack of competence (repeatedly)
  2. commingling
  3. conversion
  4. failure to return client documents after termination ofa matter
  5. lack of attorney review (no supervision of paralegals, aiding in UPL)
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14
Q

7 of the most commong bases for malpractice claims

A
  1. substatntive incompetence (facts, skills, etc.)
  2. management incompetence (of firm)
  3. poor communication skills/practices
  4. fee misunderstandings
  5. substance abuse/stress
  6. breach of confidentality
  7. conflicts of interest (need thorough checks!)
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15
Q

To avoid malpractice suits, (1), (2) and (3) should be carefully drafted.

A
  1. letters of engagement
  2. letters of termination
  3. fee agreements
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16
Q

To avoid malpractice suits, (1) should be selected carefully and charged (2) that are in accord with (3). Clients’ (4) should be returned promptly.

A
  1. clients
  2. reasonable fees
  3. fee agreement
  4. phone calls
17
Q

Lawyers and paralegals should (1) carefully and try to understand their (2) and (3)

A
  1. listen to clients
  2. goals
  3. expectations
18
Q

Lawyers should exercise (1) on clients’ behalf and should respect (2).

A
  1. independent judgment

2. clients’ wishes

19
Q

Law firms should have good (1) and (2) in place.

A
  1. management systems

2. well-trained personnel

20
Q

Lawyers and paralegals should be scrupulous in handling (1).

A

clients’ funds

21
Q

Clients should know whether advice is based on (1).

A

well-defined law

22
Q

Lawyers and paralegals must honor rules on conflicts of interest and when appropriate, obtaining (1) and establishing (2).

A
  1. consents

2. screens

23
Q

Lawyers and paralegals should know the limits of their (1) and should seek (2) when in doubt.

A
  1. competence

2. guidance

24
Q

Firms should provide (1) for lawyers and paralegals and have (2) for employees to consult for support

A
  1. education

2. mentors

25
Q

Lawyers should create a firm culture characterized by high (1), including promoting (2), knowing and following (3) and supporting (4).

A
  1. ethical standards
  2. quality work
  3. ethics rules
  4. continuing education
26
Q

Firm management should be alert to employees who may have (1) or (2) problems that could interfere with their work.

A
  1. personal

2. substance abuse

27
Q

6 paralegal skills most needed

A
  1. drafting documents
  2. analyzing documents
  3. summarizing information
  4. handling procedural matters
  5. conducting legal and factual research
  6. technology proficiency
28
Q

4 factors affecting paralegal competence

A
  1. lack of requisite skill/knowledge to perform a task
  2. lack or proper delegation, supervision, and review of paralegal work by attorneys
  3. heavy workload
  4. lack of honest self-assessment

LAS 203 - Ethics & Professional Practice (12 decks)

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