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Concise Guide to Paralegal Ethics

Concise Guide to Paralegal Ethics. Third Edition Therese A. Cannon. Chapter One Regulation of Lawyers and Paralegals. In this chapter, you will learn about: The inherent power of the courts over the practice of law The organized bar’s participation in lawyer regulation

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Concise Guide to Paralegal Ethics

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  1. Concise Guide to Paralegal Ethics Third Edition Therese A. Cannon

  2. Chapter OneRegulation of Lawyers and Paralegals In this chapter, you will learn about: • The inherent power of the courts over the practice of law • The organized bar’s participation in lawyer regulation • The role of the legislature and state statutes in governing the conduct of lawyers • The American Bar Association and its influence on legal ethics Page 1 of 2

  3. Chapter OneRegulation of Lawyers and Paralegals • The evolution of the paralegal profession • Professional associations for paralegals • The status of paralegal regulation • The distinction between certification, licensing, and limited licensing • The liability of paralegals and the lawyers who supervise them • Guidelines for the utilization of paralegal services • Ethics guidelines promulgated by paralegal associations Page 2 of 2

  4. ABA’s Model Codes of Ethics • Canons of Professional Ethics • Model Code of Professional Responsibility • Model Rules of Professional Conduct

  5. Sanctions • Disbarment: Rescinding of a lawyer’s license to practice • Suspension: Attorney is deprived of the right to practice law for a specified period of time • Probation: Attorney can practice, but certain requirements must be met • Reprimand (or reproval): Warning that ethical violations have occurred and will not be tolerated

  6. Professional Paralegal Associations • NFPA (National Federation of Paralegal Associations) • NALA (National Association of Legal Assistants) • AAfPE (American Association for Paralegal Education • IPMA (International Paralegal Management Association) • NALS (Association for Legal Professionals) • AAPI (American Alliance of Paralegals, Inc.)

  7. Certification • Certification is the voluntary recognition of an occupation based on a person’s having met specified qualifications.

  8. Licensing • Licensing is a mandatory form of regulation in which a government agency grants permission to engage in an occupation and/or use a title.

  9. Arguments Favoring Licensing • Provides appropriate public recognition for paralegals as important members of the legal services delivery team • Ensures high standards and quality of work by paralegals • Expands the use of paralegals, thereby expanding access to legal services and lowering costs Page 1 of 2

  10. Arguments Favoring Licensing • Provides assurance to clients and employers of paralegals of the qualifications • Encourages needed standardization in paralegal education Page 2 of 2

  11. Arguments Against Licensing • Not a benefit to the public because attorney-employers are already fully accountable to clients • Would increase the cost of legal services • Would stifle the development of the profession • Inappropriately limits entry into the profession • Unnecessarily standardizes paralegal education • Limits paralegals from moving into new areas of practice or duties

  12. Legal Document Assistants/Legal Document Preparers • Nonlawyers who are authorized to assist members of the public in representing themselves, but who are not permitted to give legal advice or represent clients in court

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