What is a paralegal? Paralegals are a distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal education, training, and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney. (The Paralegal Professional By Walter Lundstein, Esq. Pg 2) Being a paralegal comes with many responsibilities but most importantly code of ethics. One as a paralegal should always follow the National Federation of Paralegal Associations code of ethics (NFPA Code of Ethics) To follow these guidelines means to work in an honorable efficient manner. In the following paragraphs I will discuss various scenarios involving a paralegal working at a law firm and I will identify the ethical rules the paralegal and/ or the attorney violated and give some examples of how they could have avoided it.
Monday On Monday Carl started working for Dewey, Dewey, and Howe. Carl is assigned to be attorney Howe 's paralegal. After discussing key points attorney Howe steps out. Within that time Carl meets Jane Smith and her boyfriend Zeke. Jane is looking to get an uncontested divorce. Without the authorization of attorney Howe Carl agrees to speak to Jane about her legal troubles. Carl proceeds to introduce himself to the couple , "My name is Carl Jackson," says Carl... failing to use his appropriate title as attorney Howe 's
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).
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.
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.
To understand what a paralegal does we must first understand what the job of a lawyer entails. Black’s Law Dictionary defines a lawyer as “a person learned in the law; as an attorney,
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.
Lawyer is a person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters. Lawyers serve as both advocates and advisers. As advocates, they speak for their clients in court by presenting supportive evidence. As advisers, they counsel their clients on their legal rights and obligations. Lawyers, also called attorneys and counselors, can interpret laws and apply laws to specific situations, and draft new laws. Much of their work involves researching precedents, which are earlier interpretations of laws and the history of judicial decisions based on that law. Lawyers use precedents to support their cases in court. Many resources from law libraries and public documents to computer
The Violations committed by the paralegal on that day are; The Paralegal failed to present Him/Herself with the right title of his/her position; The Paralegal failed to inform the Attorney of the dishonest and Fraudulent acts being committed by the client assisted on the case.
The lawyer is the lead in the legal team and has passed the bar examination and have a license to practice law in their respective state(s). In larger firms, the lawyers can be assigned as partners and associates. The partner has actual ownership in the firm whereas the associate are usually on salary as an employee, not being an owner in the firm. The supervising attorney in a large firm is responsible for the actions and work of the lawyers under him/her. The paralegal is responsible for the litigation process. Some of the responsibilities of the paralegal are preparing casework, investigations, preparing briefings, conducting
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.
After conducting research on this career, I found paralegals have many responsibilities in the legal world. Many of them I was unaware of until this research. Paralegals