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| Preface | |
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| An Introduction to Legal Ethics | |
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| Introduction | |
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| Sources of Legal Ethics Regulation | |
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| State Judicial System | |
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| State Bar Associations | |
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| State Statutes | |
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| State Ethics Committees | |
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| American Bar Association | |
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| Consequences of Unethical Attorney Behavior | |
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| Discipline by the Court or Court-Appointed Disciplinary Agency | |
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| Civil Lawsuits | |
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| Criminal Prosecution | |
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| Attorney Responsibility for Paralegal Ethics | |
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| Model Guidelines for the Utilization of Paralegal Services | |
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| From the Paralegal's Perspective | |
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| Paralegal Associations and Paralegal Ethics | |
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| The National Association of Legal Assistants | |
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| The NALA's Code of Ethics and Professional Responsibility | |
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| The National Federation of Paralegal Associations | |
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| Consequences of Unethical Paralegal Behavior | |
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| Loss of Respect | |
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| Loss of Clients | |
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| Disciplinary Action against a Responsible Attorney | |
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| Loss of Employment | |
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| Criminal Prosecution | |
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| Civil Lawsuits | |
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| Discipline by Paralegal Association | |
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| Paralegal Regulation | |
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| Regulation by Definition | |
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| Paralegal Registration | |
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| Paralegal Certification | |
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| Paralegal Licensing | |
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| The ABA's Position | |
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| The NALA's Position | |
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| The NFPA's Position | |
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| Paralegal Specialties | |
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| Resources | |
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| Supervising Attorney or Employer's Resources | |
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| State Codes of Ethics | |
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| Paralegal Associations | |
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| Online Resources | |
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| Chapter Summary | |
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| Frequently Asked Questions | |
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| Endnotes | |
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| Competent, Diligent Representation of the Client | |
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| Competent Diligent Representation | |
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| Competent Representation Defined | |
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| Legal Knowledge | |
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| Skills | |
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| Thoroughness and Preparation | |
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| Accepting or Declining Representation | |
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| Specialization | |
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| Maintaining Competence | |
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| Basic Rules Concerning Diligent Representation of Client | |
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| Procrastination and Failure to Act in a Timely Manner | |
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| Communication with Clients | |
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| Zealous Representation | |
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| Remaining within the Bounds of the Law | |
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| From the Paralegal's Perspective | |
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| Paralegal Competence and Diligence | |
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| Organization and Management Skills | |
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| Communication Skills | |
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| Critical Thinking Skills | |
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| Computer Skills | |
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| Legal Research and Investigation Skills | |
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| Interpersonal Skills | |
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| Standards for Paralegal Competence | |
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| The NFPA's Recognition of Competence | |
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| The NALA's Recognition of Competence | |
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| The American Association for Paralegal Education Core Competencies | |
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| Maintaining Competence | |
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| Paralegal Specialties and Special Concerns | |
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| Litigation Paralegal Competencies | |
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| Probate Paralegal Competencies | |
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| Corporate Paralegal Competencies | |
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| Real Estate Paralegal Competencies | |
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| Family Law Paralegal Competencies | |
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| Criminal Law Paralegal Competencies | |
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| Chapter Summary | |
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| Frequently Asked Questions | |
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| Endnotes | |
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| Maintaining Integrity and Public Respect for the Legal Profession | |
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| Integrity and Respect for the Legal Profession | |
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| Bar Admission | |
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| The Bar Application | |
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| Good Moral Character Prerequisite | |
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| Disciplinary Matters | |
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| Misconduct | |
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| Violation of the Rules of Professional Conduct | |
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| Criminal Acts | |
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| Dishonesty, Fraud, Deceit, or Misrepresentation | |
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| Conduct Prejudicial to the Administration of Justice | |
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| Stated or Implied Ability to Improperly Influence a Government Agency or Official | |
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| Assisting Judge or Judicial Officer in Violation of Rules of Judicial Conduct | |
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| Reporting Misconduct | |
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| Conduct that Must Be Reported | |
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| Preserving Client Confidences | |
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| Failure to Report Misconduct | |
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| Reporting Judicial Misconduct | |
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| Pro Bono Service | |
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| From the Paralegal's Perspective | |
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| Maintaining the Integrity of the Paralegal Profession | |
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| Disbarred Attorneys as Paralegals | |
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| Paralegal Misconduct | |
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| The Paralegal's Duty to Report Miisconduct | |
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| Reporting Paralegal Misconduct | |
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| Reporting Attorney Misconduct | |
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| Pro Bono for Paralegals | |
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| Chapter Summary | |
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| Frequently Asked Questions | |
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| Endnotes | |
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| Unauthorized Practice of Law | |
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| Introduction | |
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| Basic Rules Concerning the Unauthorized Practice of Law | |
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| Attorneys Must Not Engage in the Unauthorized Practice of Law | |
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| Attorneys Must Not Assist Others in the Unauthorized Practice of Law | |
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| What Constitutes the Unauthorized Practice of Law? | |
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| The Practice of Law in Cyberspace | |
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| Professions at Risk of Engaging in the Unauthorized Practice of Law | |
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| Self-Representation | |
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| Enforcing the Unauthorized Practice of Law Rules | |
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| Guidelines for Utilizing Paralegals | |
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| From the Paralegal's Perspective | |
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| Traditional Paralegals | |
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| Guideline 5 | |
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| Corporate Paralegals | |
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| Government Paralegals | |
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| Freelance Paralegals | |
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| Independent Paralegals | |
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| Guidance from the Paralegal Associations | |
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| Avoiding the Unauthorized Practice of Law | |
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| Disclose Your Status | |
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| Have Your Work Reviewed and Approved by an Attorney | |
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| Communicate with Your Supervising Attorney | |
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| Do Not Give Legal Advice | |
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| Never Discuss the Merits of a Client's Case with Opposing Counsel | |
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| Never Agree to Represent a Client or Negotiate or Set Fees on Behalf of an Attorney | |
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| Never Represent a Client at a Deposition, in a Court of Law, or Before an Administrative Board or Tribunal without Authorization | |
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| Consequences to the Paralegal for the Unauthorized Practice of Law | |
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| Case Law Involving Paralegals | |
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| Special Unauthorized Practice of Law Concerns for the Specialties | |
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| Litigation Paralegals | |
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| Estate Planning and Probate Paralegals | |
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| Real Estate Paralegals | |
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| Chapter Summary | |
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| Frequently Asked Questions | |
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| Endnotes | |
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| Confidentiality | |
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| Introduction | |
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| The Ethical Duty of Confidentiality | |
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| What Is Protected | |
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| Confidentiality and the Corporate Client | |
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| Exceptions | |
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| Attorney-Client Privilege | |
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| Waiver of the Attorney-Client Privilege | |
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| Work Product Rule | |
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| From the Paralegal's Perspective | |
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| The Paralegal's Ethical Duty to Confidentiality | |
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| The NALA's Rules | |
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| The NFPA's Rules | |
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| Paralegals and the Attorney-Client Privilege | |
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| Keeping Communications Confidential | |
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| Talking to the Press | |
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| Protecting Confidential Files and Documents | |
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| Dealing with Outside Services | |
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| Special Considerations for Specialists | |
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| Litigation Paralegals | |
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| Personal Injury Paralegals | |
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| Corporate Paralegals | |
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| Family Law Paralegals | |
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| Criminal Law Paralegals | |
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| Chapter Summary | |
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| Frequently Asked Questions | |
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| Endnotes | |
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| Conflict of Interest | |
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| Conflicts of Interest | |
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| Concurrent Conflicts of Interest | |
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| Former Client Conflicts of Interest | |
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| Consenting to Representation | |
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| Imputed Disqualification | |
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| Screening and Erecting Ethical Walls | |
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| Conflicts in Civil Litigation | |
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| Conflicts in Criminal Matters | |
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| Conflicts in Nonlitigation Matters | |
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| Detecting Conflicts of Interest | |
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| The Organization as a Client | |
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| Special Rules Concerning Government Lawyers | |
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| Conflicts Involving the Attorney's Business and Personal Interests | |
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| Business Transactions | |
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| Information Relating to the Representation | |
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| Gifts to Lawyer | |
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| Literary or Media Rights | |
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| Financial Assistance to the Client | |
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| Fees Paid from a Source Other Than the Client | |
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| Settlements and Pleas on Behalf of Two or More Clients | |
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| Potential Malpractice Claims | |
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| Interest in Cause of Action | |
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| Sexual Relations | |
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| The Attorney as a Witness | |
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| From the Paralegal's Perspective | |
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| The Paralegal and Imputed Disqualification | |
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| The NALA's Rules | |
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| The NFPA's Rules | |
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| Special Consideration for Specialists | |
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| Litigation Paralegals | |
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| Chapter Summary | |
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| Frequently Asked Questions | |
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| Endnotes | |
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| The Ethics of Legal Fees and Financial Matters | |
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| Financial Dealings between Attorneys and Their Clients | |
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| Legal Fees and Billing | |
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| Reasonable Fees | |
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| Contingent Fees | |
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| Payment of Fees | |
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| Contingent Fees | |
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| Fee Agreements | |
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| Fee Disputes | |
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| Division of Fees with Others | |
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| Client Trust Accounts | |
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| Funds that Must Be Held in Trust | |
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| Required Recordkeeping | |
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| Commingling of Funds | |
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| Advance Fees | |
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| Interest Earned on Client Trust Accounts | |
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| Disputed Amount | |
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| Misappropriation of Client Funds | |
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| From the Paralegal's Perspective | |
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| Paralegals and Billing | |
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| Paralegal Fee Recoverability | |
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| Fee Splitting with Attorneys | |
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| Trust Accounting | |
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| Chapter Summary | |
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| Frequently Asked Questions | |
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| Endnotes | |
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| Advertising and Solicitation | |
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| Attorney Advertising and Solicitation | |
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| Advertising Acceptance | |
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| Current Rules Regulating and Restricting Advertising | |
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| False and Misleading Advertising | |
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| Misrepresentation and Misleading Advertising | |
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| Creating Unjustified Expectations | |
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| Comparison Statements | |
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| Fees | |
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| Dignity in Advertising | |
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| Advertising Media | |
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| Print Advertising | |
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| Television Advertising | |
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| Internet Advertising | |
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| Specialization | |
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| Law Firm Names and Letterhead | |
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| Solicitation | |
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| Solicitation Not for Profit | |
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| Prepaid or Group Legal Services Plan | |
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| Referral Fees and Third-Party Solicitation | |
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| Solicitation by Third Parties | |
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| Solicitation Letters | |
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| From the Paralegal's Perspective | |
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| Traditional Paralegals | |
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| Freelance Paralegals | |
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| Independent Paralegals | |
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| Solicitation | |
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| Chapter Summary | |
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| Frequently Asked Questions | |
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| Endnotes | |
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| State Paralegal Regulation & Definitions of the Terms Paralegal and Legal Assistant | |
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| Glossary | |
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| Index | |