Concise Guide to Paralegal Ethics

by Cannon, Therese A.

• ISBN13: 9780735551084
• ISBN10: 0735551081
• Edition: 2nd
• Format: Paperback
• Copyright: 2006-01-01
• Publisher: Wolters Kluwer

Summary

The Second Edition of this concise version of Therese A. Cannon's highly successful textbook supplies brief coverage of ethical principles from the perspective of the practicing paralegal. the revision builds on the strengths that made the book so highly regarded the expertise of Therese A. Cannon, a well-known and highly respected legal educator current coverage of all the major areas of legal ethics, emphasizing how the rules affect paralegals authoritative presentation combined with clear and readable pedagogy -- Each chapter begins with an overview, followed by well-written text in a well-organized format. Key terms are introduced in italics, and marginal definitions help students master the terminology. Review questions, hypotheticals, and discussion questions and projects reinforce the material. useful appendices provide the text of relevant ethical code flexible text is ideal for short courses, and can be used in substantive courses for additional ethics coverage a complete teaching package that includes an Instructor's Manual and PowerPoint slides Important updates address recent revisions To The ethics rules: full treatment of the ABA Model Rules on which many of the state rules were revised in 2002 new hypotheticals throughout the book reflect changes new ethics advisory opinions and court cases, particularly those on conflicts and unauthorized practice of law more material on ethical concerns surrounding use of technology in the law office An author website to support classroom instruction using this title is available at www.aspenlawschool.com/cannon_conciseethics .

Table of Contents

Preface	xix
Regulation of Lawyers and Paralegals	1	(16)
Regulation of Lawyers	2	(3)
State Courts and Bar Associations	2	(1)
American Bar Association	3	(1)
State Statutes, Ethics Opinions, and Case Law	3	(1)
Sanctions and Remedies	4	(1)
Regulation of Paralegals	5	(12)
A Brief History of the Paralegal Profession	5	(2)
Direct Regulation of Paralegals: Certification and Licensing	7	(1)
Definitions of Terms	7	(1)
Regulation of Supervised Paralegals	8	(1)
The Regulation Debate	9	(1)
Nonlawyer Legal Service Providers	10	(1)
State Guidelines for the Utilization of Paralegal Services	11	(1)
Paralegal Associations' Codes of Ethics and Guidelines	11	(1)
Responsibility of Lawyers and Paralegals for Paralegal Conduct	12	(1)
Review Questions	13	(1)
Hypotheticals	14	(1)
Discussion Questions and Projects	15	(1)
Selected Cases	15	(1)
Selected References	15	(2)
Unauthorized Practice of Law	17	(26)
A Brief History of the Unauthorized Practice of Law	18	(1)
Trends in the Unauthorized Practice of Law	19	(3)
Nonlawyer Legal Service Providers and Lawyers Aiding in the Unauthorized Practice of Law	19	(2)
Multijurisdictional Practice Issues	21	(1)
The Practice of Law Defined	22	(1)
The Attorney's Responsibility to Prevent the Unauthorized Practice of Law	23	(1)
What Constitutes the Unauthorized Practice of Law	24	(9)
Making Court Appearances	24	(1)
Depositions	24	(1)
Pleadings	25	(1)
Exceptions	26	(1)
Administrative Agencies	27	(1)
Establishing the Attorney-Client Relationship	28	(1)
Giving Legal Advice	29	(1)
A Few Examples	30	(2)
Exceptions	32	(1)
Nonlawyer Legal Service Providers and Related Trends	32	(1)
Disclosure of Status as Paralegal and Job Titles	33	(3)
A Word About Paralegals as Independent Contractors	36	(7)
Review Questions	36	(1)
Hypotheticals	37	(2)
Discussion Questions and Projects	39	(1)
Selected Cases	40	(1)
Selected References	41	(2)
Confidentiality	43	(20)
The Principle of Confidentiality	44	(1)
Attorney-Client Privilege	44	(6)
Defined Generally	44	(1)
Disclosure to Parties Other than Client's Lawyer: Waiver or Not?	45	(1)
Matters Not Covered by the Privilege	45	(1)
Inadvertent Disclosure of Privileged Material	46	(2)
Exceptions to and Waivers of the Privilege	48	(1)
The Privilege in the Corporate Setting	48	(1)
Court-ordered Disclosure	49	(1)
The Work Product Rule	50	(1)
Ethics Rules of Confidentiality	51	(1)
Confidentiality and the Paralegal	52	(11)
Application of the Rule to Paralegals	52	(1)
Protecting Confidentiality in Daily Practice	53	(2)
Special Issues Relating to Technology	55	(2)
Review Questions	57	(1)
Hypotheticals	58	(2)
Discussion Questions and Projects	60	(1)
Selected Cases	61	(1)
Selected References	62	(1)
Conflicts of Interest	63	(28)
Introduction	64	(1)
Conflicts Involving Representation of Clients	65	(7)
Concurrent Representation	65	(1)
General Rules	65	(1)
Consents	66	(1)
Withdrawal to Avoid Conflicts	67	(1)
Imputed Disqualification in Concurrent Conflicts	67	(1)
Issue Conflicts and Other Indirect Simultaneous Conflicts	67	(1)
Examples of Conflicts in Litigated Matters	68	(1)
Examples of Conflicts in Non-Litigated Matters	68	(2)
Successive Representation	70	(1)
General Rules	70	(1)
Defining ``Substantial Relationship''	71	(1)
Other Conflicts Rules	72	(6)
Business Transactions with Clients	72	(1)
Publication, Literary, and Media Rights	73	(1)
Financial Assistance to Clients	73	(1)
A Lawyer's Interest in Litigation	74	(1)
Gifts from Clients	74	(1)
Agreements with Clients Limiting Malpractice Liability	75	(1)
Payment of Attorney's Fees by a Third Party	76	(1)
Relatives of Lawyers	77	(1)
Sexual Relations with Clients	78	(1)
Imputed Conflicts and Disqualification	78	(4)
General Rules	78	(2)
Use of Screens	80	(2)
Conflicts Checks	82	(9)
Review Questions	84	(1)
Hypotheticals	85	(2)
Discussion Questions and Projects	87	(2)
Selected Cases	89	(1)
Selected References	89	(2)
Advertising and Solicitation	91	(16)
Advertising	92	(8)
The Advent and Evolution of Lawyer Advertising	92	(2)
The Current Ethics Rules	94	(2)
Current Issues and Trends in Lawyer Advertising	96	(4)
Solicitation	100	(7)
Review Questions	102	(1)
Hypotheticals	103	(2)
Discussion Questions and Projects	105	(1)
Selected Cases	106	(1)
Selected References	106	(1)
Fees and Client Funds	107	(28)
Fee Arrangements with Clients	108	(3)
Fixed Fees	108	(1)
Contingency Fees	108	(2)
Hourly Fees	110	(1)
Ethics Rules About Fees	111	(3)
Terms and Communication of Fee Arrangements with Clients	114	(3)
Statutory and Other Court-awarded Fees	117	(3)
Fee-Splitting and Referral Fees	120	(2)
Partnerships Between Lawyers and Nonlawyers	122	(1)
Client Funds and Property	122	(13)
Client Trust Accounts	122	(2)
Interest on Lawyers'Trust Accounts and Client Security Funds	124	(1)
Other Client Property and Files	124	(2)
Review Questions	126	(1)
Hypotheticals	127	(2)
Discussion Questions and Projects	129	(2)
Selected Cases	131	(1)
Selected References	132	(3)
Competence	135	(20)
Introduction	136	(1)
Legal Education	136	(1)
Paralegal Education	137	(1)
A Definition of Competence	138	(4)
Knowledge	139	(1)
Skills	140	(1)
Thoroughness and Preparation	140	(1)
Diligence and Promptness	141	(1)
Communication with Clients	141	(1)
Sanctions for Incompetence	142	(1)
Trends in Legal Malpractice	143	(3)
Factors Affecting Paralegal Competence	146	(9)
Review Questions	148	(1)
Hypotheticals	149	(2)
Discussion Questions and Projects	151	(1)
Selected Cases	152	(1)
Selected References	153	(2)
Special Issues in Advocacy	155	(24)
Introduction	156	(1)
Unmeritorious Claims, Delay, and Discovery Abuse	157	(3)
Disruption in the Courtroom and Disobeying Court Orders	160	(1)
Candor and Honesty	161	(2)
Relationships and Communications with Judges	163	(1)
Contact with Jurors	164	(1)
Contact with Parties and Represented Persons	165	(1)
Contact with Unrepresented Persons	166	(1)
Contact with Witnesses	166	(2)
Trial Publicity	168	(1)
Special Rules for Prosecutors	169	(10)
Review Questions	170	(2)
Hypotheticals	172	(2)
Discussion Questions and Projects	174	(2)
Selected Cases	176	(1)
Selected References	177	(2)
Professionalism and Special Issues for Paralegals	179	(50)
The State of Professionalism in the Legal Field	180	(3)
Professionalization of the Paralegal Occupation	183	(4)
Commitment to Public Service	185	(1)
Commitment to Education	185	(1)
Commitment to the Highest Standards of Ethical Conduct	186	(1)
Commitment to Excellence	186	(1)
Commitment to the Paralegal Profession	186	(1)
Commitment to a Strong Work Ethic	186	(1)
Commitment to Acting with Integrity and Honor	186	(1)
Commitment to the Development of the Whole Person	187	(1)
Commitment to Exercising Good Judgment, Common Sense, and Communication Skills	187	(1)
Current Issues in Professionalism	187	(3)
Regulation	187	(1)
Education	188	(1)
Utilization and Treatment	188	(1)
Exempt Status	189	(1)
Gender, Race, and Related Issues	190	(1)
Pro Bono Work	190	(7)
Review Questions	192	(1)
Hypotheticals	193	(1)
Discussion Questions	193	(2)
Selected References	195	(2)
Appendices
A ABA Model Guidelines for the Utilization of Paralegal Services	197	(20)
B NALA Code of Ethics and Professional Responsibility	217	(4)
C NFPA Model Code of Ethics and Professional Responsibility	221	(8)
Glossary	229	(6)
Index	235