Chapter 11 – Legal Ethics

Regulation of Attorneys

• The Model Rules of Professional Conduct (pre-2002 version)
• The Model Rules of Professional Conduct (revised in 2002)
• The Model Rules of Professional Conduct (as revised in 2002, but with additional amendments) or
• A state’s individual variation of any of the above

Regulation of Paralegals

• Indirectly by the bar’s regulation of lawyers through ethical codes
• Directly by NALA or NFPA’s ethical code, (for members of those organizations)
• Directly by laws on the unauthorized practice of law, and
• Directly by the tort law of negligence

The Big Three

• Confidentiality
• Conflict of Interest
• Unauthorized Practice of Law

Big Three: Confidentiality

• Ethical Rules prohibit attorneys and paralegals from disclosing information regarding a client or a client’s case
• Attorney-client privilege is a rule of evidence that prevents an attorney or paralegal from being compelled to testify about confidential client information

Big Three: Conflict of Interest

• Personal Conflict
• Concurrent Representation/Actual Conflict
• Concurrent Representation/Potential Conflict
• Successive Representation
• Vicarious Representation

Unauthorized Practice of Law

•   When paralegals do things that only lawyers are allowed to do they may be guilty of:
• Unauthorized practice of law

Defining the Practice of Law

• An activity that requires professional judgment or
• The educated ability to relate law to a specific legal problem  

Tasks Paralegals are Prohibited from Doing

• Courtroom and administrative agency representation
• Preparing legal documents
• Giving legal advice

Appropriate Paralegal Tasks

• Contact with Clients and People Outside the Office:
  • May deal directly with  clients, attorneys, and witnesses if identified as layperson
  • May gather and summarize information from clients
  • May inform clients of case developments
  • May make telephone calls and interact with third parties for client if identify self as lay person

Appropriate Paralegal Tasks

• Participating in legal proceedings where   lay representation is authorized
• Drafting legal documents under supervision of an attorney

Money Matters

• Contingency fee system
• Client funds
• Charge clients for paralegal time
• Fee splitting
• Avoiding solicitation

Overzealous Representation

• Talking to opposing party or jurors
• Deception such as misrepresenting identity or making false statements

Enforcement

• Reprimand or censure
• Suspension
• Disbarment

Tort Law of Negligence

• To prove legal malpractice must show:
  • An attorney-client relationship existed
  • The duty was breached by the attorney’s negligence
  • The negligence caused
  • Harm, and
  • The client’s original claim would have succeeded but for negligence