Assignment Two
There are many similarities between the 3 codes of paralegal services such as the 3 stating that a paralegal may perform any task which is properly delegated and supervised by an attorney. Rule 1.1 in the Modern Rules of Professional Conduct, Guideline 2 in the ABA Guidelines, and the Code of Ethics on Nala all state this in their paralegal guidelines. They all state the same guideline because it only makes sense that a paralegal, who is not fully qualified as a lawyer, must receive the training and experience in a real world scenario considering the fact that they know the ins and outs of how the system functions. Also considering the fact that all 3 sources also state that a lawyer may not share legal fees with their paralegal
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The choice of vocabulary in the 3 different sources are significantly different however. The choice of vocabulary seems to be more aimed towards the common man much like Common Sense by Thomas Paine. More easy to define words are used such as: perform, judgement, relationship, disclose, prospective, incidental, and professional. These are all words that any person can define just by looking at the root word. The word judge is visible in judgement. The word relation is visible in relationship, and same with the word prospect being visible in the word prospective. All these words are easy to define and understand, leading to more and more people understanding these rules and regulations. This level of vocabulary is also seen in the ABA Model Guidelines, with the introduction of a wider choice of vocabulary. This is seen through the use of terms such as: licensed, utilize, ensure, preserved, conflict, resulting. These are all words anyone can understand and use in a sentence and define, just a little more difficult to do all this with. The level of vocabulary being boosted could be a subliminal message stating that these guidelines must be followed and understood correctly by the ones who wish to be in a position of following them. The professional responsibility of a lawyer and a paralegal is a necessary component in being successful in this field of work. A rule stated in the American Bar Association is the same exact rule stated in the Code of Ethics of the National Association of Paralegals. And that same rule is also stated is the guidelines of the National Federation of Paralegals. All these sources are saying the same exact thing. They try and twist the words around, change the level and choice of vocabulary, and change the title of the guidelines. The only differences found in these guidelines are the fact that A.) They are not from the same rule book or website.
Can a paralegal conduct interview for the objective of providing potential client with information concerning legal fee and representation?
Criminal law paralegals provide assistance to defense attorneys and prosecutors. Their duties include drafting documents, doing research, interviewing witnesses, putting together discovery information, communicating with other parties, and assisting attorneys when they are in
In order to complete this assignment we must first recognize what Unauthorized Practice of Law is when it comes to paralegals. There is no set definition on what UPL is but as a paralegal there are guidelines to go by. Some ways they can violate the practice of law would be an individual holding themselves as an attorney when they are paralegals, giving legal advice as an attorney would, or representing clients in a court of law. All of the previous are violations and can be subject to several disciplinary actions [ (Unauthorized Practice of Law, 2010) ]. It has been named illegal due to the damages on may suffer due to bad legal advice. In some states it is considered a criminal offense and could be given a jail sentence.
The responsibilities that lawyers have are nearly innumerous not only are Lawyers forced to adhere to the specific guidelines of the Bar but they also have to create a relationship with each client by giving them a trusting environment. Each state bar establishes its own rules of professional responsibility for lawyers, and law firms must ensure that their partners, associates and any lawyers with whom they contract follow these rules. These rules are more important than any other duty an attorney has, including her duties to make money for her firm or to advocate for her client. Generally speaking, codes of professional responsibility require that lawyers communicate effectively with their clients, avoid criminal behavior, manage payments legally and fairly and refrain from defrauding anyone. If a lawyer breaks one of these rules and commits
A paralegal is an individual who is qualified, through training, education or by virtue of the experience and are subsequently under employment or merely retained under a given lawyer or law firm, or an agency; to perform work that is delegated to him or her by the lawyer and for which the lawyer is responsible. Across the United States, paralegals profession is regulated by various certification laws, and this ultimately makes their work different.
The role a paralegal has in a law firm is a vital. These professionals are highly valued for the abilities they contribute in the area of knowing the law, legal research and how it applies to a client’s case. Furthermore, paralegals also as assist their Attorneys on a variety of tasks pertaining to a law related matters. Regardless, no matter how knowledgeable the paralegal may be; they are always required to work under the direct supervision of an attorney. There are very little exceptions for paralegals to work in the law field, unsupervised. Even in these exceptions, It is still possible for a professional paralegal, under the supervision of an attorney or not, to still commit UPL (California Legislative Information Business and Professions Code).
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.
Detlor Paralegal Services will cater to three primary target clients. These clients are; landlords and property managers, victims of crime, and people who can afford to bring and defend lawsuits in Small Claims Court.
Since paralegals can only work under the supervision of an attorney, by doing the opposite may be consider an unauthorized practice of law, so paralegals must avoid assisting in the unlicensed practice of
It is a task in itself for one, such as myself, to allow another to fully grasp the principle of why I want to become a paralegal, let alone explain it within three pages without simply stating, “I desire to use the set of skills and passion that I possess in order to help others while working within this specific field of law.” Nevertheless, the reality of the fact is that it is purely the essence and core of why I have the drive and determination to work towards becoming a paralegal.
Paralegals are employed in a wide variety of legal settings and play an ever-increasing role in the delivery of affordable and efficient legal services. However, regulation of paralegals has been non-existent or inconsistent, though the topic continues to be a significant issue. Across the country, paralegals advocate bar associations, state legislatures and courts to consider regulatory programs that go beyond merely defining the term "Paralegal." Federally required licensing of paralegals would benefit future growth and development of the career field and address the controversial issues surrounding it.
The purpose of rules of ethics that attorneys are obligated to abide by is to protect the Attorney-Client Relationship and enable full disclosure of information that is necessary for lawyers to provide competent representation in favor of their client. Confidentiality and the Attorney-Client
If the legal assistant or paralegal “floats” or works with different staff within a firm, this could cause a conflict of interest.
Paralegals and Legal Assistants do various tasks to support a lawyer or attorney including organizing files, conducting legal research, and drafting numerous types of documentation in preparation for legal action to take place. Legal actions that take place are court hearings, trials, and corporate meetings.