Paralegal Ethics Final Study

Front 1

Ethics

Back 1

Rules that embody standards of behavior to which MEMBERS of an organization are EXPECTED to CONFORM.

Front 2

Sanction

Back 2

1.Penalty or Punishment imposed for Unacceptable Conduct.

2.Permission or approval

Front 3

Types of Bar Associations

Back 3

National - ABA, HNBA, AAJ
State - CA & IL state bar
Local - Cities etc
Specialty - Matrimonial attorneys etc

Front 4

What is an integrated Bar Association

Back 4

Membership is mandatory to practice law in the state. AKA Mandatory or Unified Bar Associations. Most but not all are integrated.

Front 5

ABA Model Rules of Professional Conduct. When & How many states have adopted it?

Back 5

1983 43 states plus DC

Front 6

Attorney Sanctions

Back 6

Disbarment - Revocation/Termination
Suspension- Removal 4 specified period
Reprimand - official declaration
Probation- Allowed under conditons.

Front 7

MDP

Back 7

Multidisciplinary Practice
Patnership of attorneys and nonlegal professionals that offers legal and nonlegal services

Front 8

ABA Model Rules of Conduct.
1-5

Back 8

1. Competence
2. Diligence/Unwarranted Delay
3. Fees
4. Crime or Fraud by an attorney
5. Crime or Fraud by a Client

Front 9

ABA Model Rules of Conduct.
5 - 10

Back 9

6. Frivolous Legal Positions
7. Safekeeping Property
8. Fales Statements & Failure to Disclose
9. Withdrawal.
10. Confidentiality of Information.

Front 10

What is COI

Back 10

Divided loyalty that actually or potentially harms someone who is owed undivided loyalty.

Front 11

Conflicts of Interest examples

Back 11

1. Conflicting commitment to win.
2. Conflicting use of confidential info (same and different firms)
3. Conflicting family relationship.
4. Conflicting Financial Interest.
5 Conflicting Personal Interest

Front 12

Potential Sources of Conflict

Back 12

1. Business Transactions w. Client
2. Loans to client
3. Gifts from client
4. Sex with client
5. Personal Bias
6. Multiple Representation.
7. Former Client Present adversary
8. Law firm disqualification.
9. Switching jobs (chinese wall)
10. Conflict checks.

Front 13

What is a competent attorney?

Back 13

One who uses the KNOWLEDGE and SKILL that are REASONABLY NECESSARY to represent a particular client.

Front 14

Dilatory Practices

Back 14

Causing delay usually without merit or justification.

Front 15

Factors affecting fees.

Back 15

1. Amount of time and labor involved.
2. Complexity of the Case.
3. Customary Fee for the type of case.
4. Experience, skill & reputation of attorney.

Front 16

Minimum-fee schedule

Back 16

A bar association list of lowest fees an attorney can charge for specific kinds of legal services - NOW ILLEGAL.

Front 17

When is fee splitting OK

Back 17

1. Fee must be reasonable.
2. Client must agree in writing.

Front 18

Reasonableness Factors for paralegal fees

Back 18

1. Experience of the paralegal
2. Nature of the tasks.
3. Market Rate.

Front 19

Statutory fee case:

Back 19

Case applying a special statute that allows judge to award losing party to pay winning party.

Front 20

Block Billing

Back 20

Grouping multiple tasks under a single time charge instead of individually.

Front 21

Attestation Clause

Back 21

A clause stating you SAW (witnessed) someone sign a document or perform other tasks related to validity of a document.

Front 22

When is a position frivolous?

Back 22

If the attorney is UNABLE to make a GOOD-FAITH ARGUMENT based on EXISTING LAW or on the need for a reversal of existing law.

Front 23

What rule under FCRP addresses frivolous positions

Back 23

Rule 11

Front 24

Fiduciary

Back 24

One whose DUTY is to act in the interest of another with a HIGH STANDARD of care.

Front 25

False Statements & Failure to Disclose.

Back 25

1. Attny must not knowingly make a false statement.
2. Attny must not knowingly cite incorrect or invalid law.
3. Attny must not offer evidence her or she knows is false.
4. Attny must tell a court abt. material fact whe silence would assist client to commit perjury.
5If attny knows law that goes against claims of own client they must tell the court if opposing counsel has not done so.

Front 26

Attny must withdraw from case when:

Back 26

1. Client fires him
2. Continuing on the case violates ethical rules or other laws.
3. Attny's health has deteriorated to the point of material impairment.

Front 27

LOD

Back 27

Letter of disengagement: Sent to a client notifying them about the end of their representation.

Front 28

LON

Back 28

Letter of Non-engagement: Sent to a new prospective client that the attny has declined to represent.

Front 29

Attny must not disclose info relating to representation unless:

Back 29

1. Client Consents.
2. Attney believes it will prevent a reasonably certain death or substantial bodily harm.
3. Prevent client from committing a crime or fraud.

Front 30

When is information Confidential?

Back 30

When others do not have a right to receive it.

Front 31

Privileged?

Back 31

Does not have to be disclosed.

Front 32

Ethical Duty of Confidentiality

Back 32

Protects ALL information (not just client comm.) from any source if the information pertains to a client case & was obtained WHILE REPRESENTING a client.

Front 33

Attorney-Client Privilege

Back 33

Protects all comm. MADE IN CONFIDENCE between Attny & Client if the PURPOSE was to obtain LEGAL SERVICES.

Front 34

Waiver

Back 34

EXPRESS or IMPLIED RELINQUISHMENT of a right or privilege.

Front 35

Work Product

Back 35

Notes, working papers Thoughts and impressions , memoranda prepared by the attorney in anticipation of litigation.

Front 36

Informed Consent

Back 36

An AGREEMENT to let something happen AFTER obtaining a REASONABLE EXPLANATION of the benefits and risks involved.

Front 37

Duty of Loyalty

Back 37

The obligation to PROTECT the INTERESTS of a client without having SIMILAR OBLIGATION to anyone else that would PRESENT AN ACTUAL OR POTENTIAL CONFLICT.

Front 38

Imputed Disqualification

Back 38

ALL attorneys in the SAME FIRM are INELIGIBLE to represent a client because one employee has a CONFLICT OF INTEREST with that client.

Front 39

Tainted

Back 39

Having or causing a COI.

Front 40

Tainted Paralegal

Back 40

A paralegal who brings a COI to a law office because of the paralegal's prior work at another law office.

Front 41

Two ways to avoice imputed disqualification:

Back 41

1. Consent.
2. Screening

Front 42

Chinese Wall

Back 42

Steps taken to PREVENT a tainted employee from having ANY CONTACT with the case of a particular client. Becomes a QUARANTINED employee.

Front 43

Rebuttable Presumption

Back 43

An INFERENCE of fact that can be overcome by SUFFICIENT CONTRARY EVIDENCE.

Front 44

Conflict Check database requirements

Back 44

1. Clients (plus aliases)
2. Spouses of clients.
3. Children of clients.
4. Key employees of clients.
5. Names of Major shareholders in companies which client has interest.
6. Parent & subsidiary corp affiliated to client.
7. Members of small associations.

Front 45

Difficult Categories of info to obtain when performing conflict checks.

Back 45

1. Employee holds stock in the company of the adversary of prospective client.
2. Souse, relative or lover of an employee is employed or holds stock in the company of adversary.
3. Employee is related to or had a romantic reltsnshp w. adversary of a prospective client.
4. Employee in office is related to or seeing anyone in the law office of adversary.

Front 46

Anticontact Rule

Back 46

Advocate should not contact an opposing party without permission of the other side or if unrepresented attny must not convey the IMPRESSION of DISINTEREST.

Front 47

Overreaching

Back 47

Taking unfair advantage of another's naiveté or other vulnerability ESPECIALLY by DECEPTIVE means.

Front 48

2 main ways attorneys seek to be hired by prospective clients:

Back 48

1. In person, live or real-time electronic contact.
2. Written recorded or standard electronic contact.

Front 49

Barratry

Back 49

Stirring up quarrels or litigation. The illegal solicitation of clients.

Front 50

Runner who uses fraud

Back 50

Capper or Steerer.