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Paralegals Ethics

by: Schneeman, Angela

Paralegals Ethics

by: Schneeman, Angela

ISBN 13:
9780766809499
ISBN 10:
0766809498
Format: Paperback
Copyright: 04/03/2000
Publisher: Cengage Learning

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Summary

This easy-to-follow text is a concise study of legal ethics from the perspective of the paralegal to prepare paralegal students for the ethical dilemmas they will face on the job. The text includes the ABA Model Rule that applies to attorneys so students can learn to act in accordance with rules for the ethical conduct of attorneys. The NALA and NFPA rules and guidelines focus on practical advice and information paralegals can use to comply with the pertinent rules of ethics. Hypotheticals and cases on each topic are included, as well as chapter summaries, summary questions, and helpful hints.

Preface

viii

Feature: The Importance of Legal Ethics

(1)

An Introduction to Legal Ethics

(30)

Introduction

(1)

Sources of Legal Ethics Regulation

(3)

Attorney Responsibility for Paralegal Ethics

(3)

An Ethical Dilemma

(1)

Paralegal Associations and Paralegal Ethics

(1)

Case and Discussion

(4)

Consequences of Unethical Attorney Behavior

(1)

Consequences of Unethical Paralegal Behavior

(2)

Paralegal Regulation

(3)

Resources for Legal Ethics Research

(6)

Chapter Summary

(1)

Summary Questions

(5)

Feature: Law Practice for Dummies: The Move Toward Self-Help Legal Services

(2)

Unauthorized Practice of Law

(27)

An Ethical Dilemma

(1)

Introduction

(1)

Basic Rules Concerning the Unauthorized Practice of Law

(1)

What Constitutes the Unauthorized Practice of Law?

(3)

Professions at Risk of Engaging in the Unauthorized Practice of Law

(1)

Self-Representation

(1)

Enforcing the Unauthorized Practice of Law Rules

(1)

Case and Discussion

(1)

Guidelines for Utilizing Paralegals

(1)

From the Paralegal's Perspective

(1)

Independent Paralegals

(1)

Guidance from the Paralegal Associations

(1)

Avoiding the Unauthorized Practice of Law

(4)

Consequences to the Paralegal for the Unauthorized Practice of Law

(1)

Case Law Involving Paralegals

(3)

A Question of Ethics

(1)

Case and Discussion

(1)

Chapter Summary

(1)

Summary Questions

(5)

Feature: Mr. Butts

(3)

Confidentiality

(23)

An Ethical Dilemma

(1)

Introduction

(1)

The Ethical Duty to Confidentiality

(6)

Attorney---Client Privilege

(3)

Case and Discussion

(1)

Confidentiality and the Corporate Client

(1)

From the Paralegal's Perspective

(5)

A Question of Ethics

(1)

Chapter Summary

(1)

Summary Questions

(4)

Feature: The Litigation Explosion

(2)

Conflict of Interest

(24)

An Ethical Dilemma

(1)

Introduction

(1)

The General Rule

(1)

Conflict of Clients' Interests

(2)

Conflicting Interests of Current and Former Clients

(1)

Imputed Disqualification

(2)

Detecting Conflicts of Interest

(1)

The Organization as a Client

(1)

Special Rules Concerning Government Lawyers

(1)

Conflict of Client's Interests and Attorney's Personal Interests

(3)

The Attorney as a Witness

(1)

Attorney's Employees and Agents

(1)

Case and Discussion

(1)

From the Paralegal's Perspective

(3)

A Question of Ethics

(1)

Case and Discussion

100

(1)

Chapter Summary

101

(1)

Summary Questions

101

(5)

Feature: The Right to Effective Counsel and the Ethical Challenges of Public Defenders

104

(2)

Competent, Diligent, and Zealous Representation of the Client

106

(23)

An Ethical Dilemma

107

(1)

Introduction

107

(1)

Competent Representation Defined

108

(2)

Case and Discussion

110

(2)

Accepting or Declining Representation

112

(2)

Maintaining Competence

114

(1)

Basic Rules Concerning Diligent Representation of Client

114

(1)

Case and Discussion

115

(1)

Zealous Representation

116

(2)

From the Paralegal's Perspective

118

(1)

Paralegal Competence and Diligence

118

(3)

A Question of Ethics

119

(2)

Standards for Paralegal Competence

121

(3)

Maintaining Competence

124

(1)

Chapter Summary

124

(1)

Summary Questions

125

(4)

Feature: Contingent Fee Controversy

127

(2)

The Ethics of Legal Fees and Financial Matters

129

(27)

An Ethical Dilemma

130

(1)

Introduction

130

(1)

Client Trust Accounts

131

(3)

Legal Fees and Billing

134

(5)

Fee Agreements

139

(1)

Fee Disputes

139

(2)

Division of Fees with Others

141

(1)

Case and Discussion

142

(2)

A Question of Ethics

143

(1)

From the Paralegal's Perspective

144

(1)

Trust Accounting

144

(1)

Paralegals and Billing

145

(1)

Paralegal Fee Recoverability

145

(3)

Fee Splitting with Attorneys

148

(1)

Case and Discussion

149

(1)

Chapter Summary

150

(1)

Summary Questions

150

(6)

Feature: The Racist Who Wants to be a Lawyer

153

(3)

Maintaining Integrity and Public Respect for the Legal Profession

156

(19)

An Ethical Dilemma

157

(1)

Introduction

157

(1)

Bar Admission

157

(2)

Disciplinary Matters

159

(1)

Misconduct

159

(2)

Reporting Misconduct

161

(2)

Case and Discussion

163

(2)

Pro Bono Service

165

(1)

From the Paralegal's Perspective

165

(1)

A Question of Ethics

166

(1)

Maintaining the Integrity of the Paralegal Profession

166

(1)

Paralegal Misconduct

167

(1)

The Paralegal's Duty to Report Misconduct

167

(3)

Pro Bono for Paralegals

170

(1)

Chapter Summary

171

(1)

Summary Questions

171

(4)

Feature: You've Come a Long Way Baby?

173

(2)

Advertising and Solicitation

175

(22)

An Ethical Dilemma

176

(1)

Introduction

176

(1)

Advertising Acceptance

176

(1)

Supreme Court Decisions Allowing Advertising

177

(1)

Current Rules Regulating and Restricting Advertising

178

(2)

False and Misleading Advertising

180

(1)

Case and Discussion

181

(1)

Advertising Media

182

(1)

Advertising Records and Reporting

183

(1)

Specialization

183

(1)

Advertising Costs and Referral Fees

184

(1)

Law Firm Names and Letterhead

184

(1)

Solicitation

185

(2)

From The Paralegal's Perspective

187

(1)

Paralegal Advertising

187

(3)

A Question of Ethics

188

(2)

Solicitation

190

(1)

Case and Discussion

191

(1)

Chapter Summary

192

(1)

Summary Questions

193

(4)

Feature: Somebody's Watching You

195

(2)

Business Ethics for Everyone

197

(13)

Introduction

198

(1)

The Importance of Business Ethics

198

(1)

Ethics for All Members of the Organization

198

(1)

Ethics Programs

199

(2)

Specific Issues in Ethics

201

(4)

Resolving Ethical Dilemmas

205

(2)

Chapter Summary

207

(1)

Summary Questions

207

(3)

Feature: Attorneys and Public Image

209

(1)

Ethics for the Twenty-First Century

210

(9)

Introduction

211

(1)

Ethics 2000

211

(1)

Client Confidentiality and New Technology

211

(2)

The Internet and the Practice of Law

213

(2)

From the Paralegal's Perspective

215

(1)

The Future of the Paralegal Profession

215

(2)

Chapter Summary

217

(1)

Summary Questions

217

(2)

Appendix A Missouri's Rules of Professional Conduct

219

(23)

Appendix B New Hampshire's Guidelines for the Utilization of Legal Assistant Services

242

(3)

Appendix C Code of Ethics and Professional Responsibility of the National Association of Legal Assistants

245

(2)

Appendix D National Federation of Paralegal Associations, Inc. Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement

247

(10)

Appendix E Directory of Paralegal Associations

257

(14)

Glossary

271

(6)

Index

277

Amazon no longer offers textbook rentals. We do!

Paralegals Ethics

Paralegals Ethics

9780766809499

0766809498

Summary

Table of Contents

Supplemental Materials

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