Week 6 Thursday (Dec 10) Test - Ethics & Property Flashcards
UPL
Unauthorized Practice of Law
UPL can be a civil or criminal offense?
both
What is the national code of ethics for attorneys?
There is no national code
What is the Texas legal ethics rules called
Texas Disciplinary Rules of Professional Conduct
What are some ways to violate the UPL?
- telling someone what you think the laur would say
- filling out forms w/o direct supervision of a laur
- must say upfront that the laur told you to tell them xyz
- telling someone what the law states
- interpreting the law for someone’s situation
- filling out or helping filling out legal forms without direct laur supervision
- signing a letter or giving a meg to a client from the attorney that contains legal advice, w/o clearly stating that the laur asked you to provide the information
What are the reasons for not even suggesting legal advice to friends and family?
they give greater weight to what you have to say.
Can a paralegal sign a pleading with permission?
No, they can sign pleadings - they can sign other things but not pleadings
Can you tell a client whr the attorney has accepted or rejected the client?
No, this decision determines whr an attorney-client rirp will be created, and therefore, this can be done only by an attorney
Your attorney has a fee schedule, can you quote the fees to a potential client straight from the sheet?
No, the final fee charges will be made by the attorney
Ethical Obligations
- Confidentiality
- Avoiding Conflicts of Interest
- Working under the Supervision of an Attorney
- Competence
- Reporting Ethical Violations
It is the paralegal’s responsibility to ___ the attorney regarding ____ of a paralegal’s duties. You must know the rules.
educate
ethical limitations
Attorneys have ____. Paralegals do ____.
clients
not
What does TDRPC stand for?
Texas Disciplinary Rules of Professional Conduct
Who is the only person that can sign a certificate of service?
a licensed attorney
Working under the direct supervision of a lawyer
- ID yourself as a paralegal on all
- emails * letters * phones to client & other counsel - copy your attorney on all emails to clients or other counsel
- attorney must review any documents before they are filed - mark them with a DRAFT watermark
What rule(s) does a paralegal break if they sign a pleading even with permission?
Federal Rules of Civil Procedure
and
Texas Rules of Civil Procedure
Confidentiality
- all infor client provides is confidential
- be careful where you are when discussing a client (no elevators, at lunch)
- no confidential information may be used for personal gain
What documents can a paralegal sign?
- email correspondence, as long as no legal advice is given, and has paralegal’s name & title
- correspondence from an attorney by permission and if no legal advice is given and paralegal’s name & title on the letter
If a firm hires a paralegal who has worked for opposing counsel or an opposing client, the entire firm will be notified there needs to be a _____ put around the paralegal.
ethical wall
What needs to appear in the signature block on the firm’s letterhead when a paralegal sends out a letter?
Paralegal’s name
Paralegal’s title
Advertising
-
Avoiding conflicts of interest
- it is a conflict for you to do work for a client if you have previously worked for an opposing party
- some firms pass around a daily conflicts check sheet
Solicitation
- if you go to someone and you know they have a problem and you ask them to hire you or your attorney
- you see a wreck and you say I work for an attorney give him a call - no can’t do that
- if they ask you if your boss is a “divorce” lawyer, then you can give them a card and it is NOT solicitation
Reporting ethical violations
- you must attempt to correct the problem, by telling the person
- if that doesn’t work or it’s major, go to their supervisor
- if the firm tolerates it, start looking for another job