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15 Cards in this Set
- Front
- Back
What is Ethics
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The standards by which conduct is measured
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What are the two objectives of a legal assistant
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1) Maintain high level of competence; and 2) No unauthorized practice of law
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What is competence
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ability, capability, expertise, mastery, proficiency, or skill. Requires acquisition of sufficient knowledge, training and experience to do the job.
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What is Unauthorized Practice of Law?
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"UPL". Practice of law differs in each state. Violation of UPL Statutes is a criminal offense.
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Must have license to practice law. To do so, you must....
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(1) good moral character; (2) graduates from accredited law school; (3) pass bar exam.
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What is the practice of law?
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Giving legal advice or opinions or representing someone in legal matters.
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Legal assistants CANNOT
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(1) accept cases; (2) set fees; (3) give direct legal advice to clients; (4) negotiate legal matters on behalf of clients; or (5) represent clients in court settings.
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What three criterias must be met for legal assistants to perform duties that don't violate the UPL statutes?
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(1) supervised by licensed attorney; (2) attorney maintains a direct relationship with client; (3) attorney assumes full responsibility for work product
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VIOLATION of UPL can result in what to a legal assistant?
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(1) criminal prosecution; (2) civil liability to client for negligence; and/or (3) CLA designation may be revoked.
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VIOLATION of UPL can result in what to a supervising attorney?
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(1) incur civil liability; and/or (2) disbarred.
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What Federal Administrative Agencies permit both lawyers and non-lawyers to appear on behalf of others?
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(1) Social Security Administration; (2) IRS; and (3) Immigration and Naturalization. Sometimes a small number of courts will allow legal assts or 3rd year law students to argue motions if sponsored by a licensed attorney
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What is a jailhouse lawyer?
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Someone in jail who studied law and legal procedure on his/her own.
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What requirements must be met for a jailhouse lawyer to help other inmates?
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(1) other inmate requests it; (2) no other legal service available; and (3) ONLY to post-sentencing matters.
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What is Rule 1.1 of the Model Rules of Professional Conduct?
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A lawyer must provide competent representation to clients. Must take time to learn about the case; continuing education.
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What is Rule 1.2 of the Model Rules of Professional Conduct?
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Lawyer must abide by a client's decision concerning representation. (i.e., accepting settlement; enter a plea; waive jury trial; whether client will testify.) A lawyer cannot advise client to commit a crime, destroy evidence, etc...
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