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15 Cards in this Set

  • Front
  • Back
What is Ethics
The standards by which conduct is measured
What are the two objectives of a legal assistant
1) Maintain high level of competence; and 2) No unauthorized practice of law
What is competence
ability, capability, expertise, mastery, proficiency, or skill. Requires acquisition of sufficient knowledge, training and experience to do the job.
What is Unauthorized Practice of Law?
"UPL". Practice of law differs in each state. Violation of UPL Statutes is a criminal offense.
Must have license to practice law. To do so, you must....
(1) good moral character; (2) graduates from accredited law school; (3) pass bar exam.
What is the practice of law?
Giving legal advice or opinions or representing someone in legal matters.
Legal assistants CANNOT
(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.
What three criterias must be met for legal assistants to perform duties that don't violate the UPL statutes?
(1) supervised by licensed attorney; (2) attorney maintains a direct relationship with client; (3) attorney assumes full responsibility for work product
VIOLATION of UPL can result in what to a legal assistant?
(1) criminal prosecution; (2) civil liability to client for negligence; and/or (3) CLA designation may be revoked.
VIOLATION of UPL can result in what to a supervising attorney?
(1) incur civil liability; and/or (2) disbarred.
What Federal Administrative Agencies permit both lawyers and non-lawyers to appear on behalf of others?
(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
What is a jailhouse lawyer?
Someone in jail who studied law and legal procedure on his/her own.
What requirements must be met for a jailhouse lawyer to help other inmates?
(1) other inmate requests it; (2) no other legal service available; and (3) ONLY to post-sentencing matters.
What is Rule 1.1 of the Model Rules of Professional Conduct?
A lawyer must provide competent representation to clients. Must take time to learn about the case; continuing education.
What is Rule 1.2 of the Model Rules of Professional Conduct?
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...