Pocket Guide to Legal Ethics

ISBN-10: 1418053783

ISBN-13: 9781418053789

Edition: 2009

Authors: Angela Schneeman

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Description:

The Pocket Guide to Legal Ethics is a concise, comprehensive guide to the rules of ethics, which provides useful information tailored specifically for paralegals. Information includes tips for ethical behavior, real-world advice and ethical guidance provided by various paralegal associations. In addition, The Pocket Guide to Legal Ethics reviews the rules of ethics that attorneys are subject to and how those rules may apply to paralegals. The guides easy-to-use format, including checklists, charts, tables, and FAQs in each chapter make The Pocket Guide to Legal Ethics a quick reference book that students will want to take from the classroom to the workplace.
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Book details

List price: $48.95
Copyright year: 2009
Publisher: Delmar Cengage Learning
Publication date: 3/27/2008
Binding: Comb Bound 
Pages: 224
Size: 5.50" wide x 8.50" long x 0.25" tall
Weight: 0.748

Angela Schneeman is a writer, research specialist, and freelance paralegal. She has worked for law firms, corporate legal departments, and a major accounting firm. The author of five paralegal textbooks, Ms. Schneeman received her Legal Assistant Certificate and a Bachelor of Science Degree in Business and Legal Studies from the University of Minnesota.

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