5.5 Paralegal Court Cases

Paralegal assistant help assist lawyers, attorneys, and any other law firms. They do a mixture of duties which includes maintaining files, legal research, and manage documents. Paralegals work in a diversity of legal practice which can range from litigation and trial practice to tax, and real estate transactions,and estate planning. The employment of paralegal assistant is expected to grow from 2014 to 2024. Being a paralegal assistant is a good career because of career path, work will be diversified, and benefits.

Claudio is okay with that because he can fill out the form without help. However, when he gets to the blank that says “Middle Name” he doesn’t know what to do. Claudio doesn’t have a middle name. When he asks a paralegal at the ABC Legal Clinic what to do with this blank, the paralegal

Legal information can be given by anyone with law knowledge, a simple statement only of what the law states is legal information, that person leaves it up to the individual to decide how they want to proceed with their case. Generally, legal information is given at no cost. When giving legal advice a paralegal may discuss drafting or revising and official legal document with the oversight of a practicing attorney. A paralegal may discuss with clients legal information consisting of a question whether or not a certain act is legal but may not give legal advice based off of the clients responses. If a paralegal is not setting legal fees, undertaking representation, giving legal advice, or representing a client in court, a paralegal may assist an attorney with anything else. When assisting clients a paralegal does have the right to type up forms for clients however they may not aid in helping them fill out the form. When filling out a form the paralegal could accidentally give advice on what to put and giving legal advice as a paralegal is against the

As a paralegal I am not sure if in this case I would have any ethical issue. The ethical question would apply more of the relationship between the attorney and client. If the paralegal finds unethical to work on a case where the client is obviously obsess with money and nothing else, and perhaps is willing to do anything to keep his business assets, than the paralegal can asked to not work on the case. In my opinion, to even work in family law practice that takes a special person. Perhaps, someone who understands, that every person have different values and is willing to take extra measures to achieve his or her goal. As well as, probably in every divorce case, one of the spouses is just like Mary Johnson and the other very similar to Samuel

The Florida Paralegal Program was created in 2007, in order to regulate the paralegal profession in the state of the Florida. This program offers them a voluntary registration in this distingue organization, under the compromise to meet certain requirements such as education, certification, or work experience criteria, and also abide by a Code of Ethics and Responsibilities, all these based on the Chapter 20 of the Rules regulating the Florida Bar. Subsequently, these rules establish that a Florida Registered Paralegal is a paralegal who meets the requirements set out in Chapter 20 of the Rules regulating the Florida Bar. These rules designate that a paralegal is a person with education, training or work experience, who works under the direction of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible. However, there are certain differences, as well as pros and cons, between paralegals that are not registered under this rule and those who are, specifically on the following main points: work experience, education, and requirements to qualify.

One scenario where this could fall into play would be: An attorney is in a rush to submit a preparation form and delegates the paralegal to sign the form. If the paralegal does so, they will be committing the unauthorized practice of law because they are not permitted to sign legal forms and furthermore, if signing the supervising attorney’s name, they are committing fraud.

While at GPM, I attended a session of Treatment Accountability Court (“TAC”) (formerly Mental Health Court) and DUI/Drug Court. Both Courts operate similarly. Several hours before the court session, members of the legal community meet to discuss the progress of each participate scheduled to appear that day. Legal representatives include members from the Sheriff’s Office, Solicitor General’s Office, Public Defender’s Office, the judge who presides over the proceeding, a Program Coordinator & Counselor, a misdemeanor probation officer, and a felony probation officer. The group discusses the status of each participate and whether they’re meeting the conditions set forth by the court. The programs are conducted in phases,

Paralegals may not be the head honcho in the courtroom before a judge and jury. The behind the scene work that a paralegal performs is crucial to a lawyer. Looking at all the tasks that paralegals are responsible for doing, people will definitely realize that paralegals are important to the legal process, almost to the same degree of the work that the attorney is doing. Paralegals do almost everything that lawyers do, except give legal advice or present cases in court. Most of the work paralegals do is behind-the-scenes, which is why they rarely get the praise that the lawyer does.

I feel for a paralegal to be successful they need to truly understand the work they are doing. I feel this understanding can come from education from law

As a paralegal, I believe I would rather represent the plaintiff side of the case. I say this because in my opinion the plaintiff; in the family law field, is usually the one that has been emotionally hurt or has been wronged in some type of way. Needless to say, in all cases that may not be accurate but I believe that in any form oflaw; as a paralegal, there might not be a person that a paralegal would want to defend, regardless as any paralegal working for the client they must represent and do their best to help them in any way that a paralegal could within their power.

In stating so, Flynn argues that while some in the legal field think that paralegals are supervised and work under an attorney, therefore do not need to be licensed or certified. Others believe paralegals handle intricate legal matters, therefore should be licensed and certified. This statement from Flynn reinforces my belief that paralegals are essential to the effectiveness of a law firm and leads into my standing that licensing should be in place to ensure education, knowledge and adherence, which in turn will make a paralegal more valuable. Licensing of the paralegal profession and the requirements of experience and education that come with it; would dispel the long time misunderstanding of position titles among law office staff, attorneys and the public.

The ABA Model Rule 5.5 (b) “prohibits a lawyer not admitted to practice in this jurisdiction from establishing an office or other systematic and continuous presence in the jurisdiction, or holding themselves out to the public and representing that he or she is admitted to practice law in this jurisdiction.” Model Rule 5.5 comment (1) states, “this section applies to unauthorized practice of law by a lawyer, whether through the lawyer’s direct action or by the lawyer assisting another person.” This provision becomes relevant in immigration law when unscrupulous attorneys join forces with notarios or paralegals, which are not licensed attorneys or accredited representatives, for the purpose of increasing

You may already have some preconceived notions about who a personal injury lawyer is and what their services entail, but these 3 little-known facts may surprise you.

(a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client 's decisions concerning the objectives of representation, and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client 's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client 's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

Recent case law has clearly bright to the fore the benefits of property owners declaring their beneficial interests. Over the years, the UK tenancy law and especially Joint tenancy law, has held the ‘intention’ part of the parties in a joint tenancy contract under presumption . Declaration of interests at the onset of any property transaction serves to provide clarity about parties’ intention and may help in the future to avoid disputes. This essay seeks to establish the various intention uncertainties that are the cause of peril for the UK joint tenancy and tenancy in common law and the best ways to go about them. This will be done through reference to case law and other legal literature.