Ethics

Front 1

Identify some of the actions that would be considered unauthorized practice of law for a legal assistant.

Back 1

Legal assistants are allowed to perform a number of different tasks to the field of law, but there are some specific tasks that they simply cannot perform. These forbidden tasks, known as unauthorized practices of law, vary from state to state. However, some specific tasks that legal assistants will almost never be able to perform are:
1. Accepting a client's case.
2. Providing legal advice directly to a client
3. Negotiating a settlement or another similar legal issue for a client
4. Representing a client in court for any legal matter
5. Setting fees for the legal services provided to a client
Most states have established regulations prohibiting legal assistants from taking the actions mentioned above and there are a number of penalties that legal assistants may face for taking these actions.

Front 2

Explain what a contingency fee is. Describe the ethical rules that a lawyer must adhere to in order to require a contingency fee from a client

Back 2

A contingency fee, or a contingent fee, is payment a lawyer receives if he or she wins the client's case. The client is not required to pay if the lawyer loses the case. A lawyer may require a client to pay a contingency fee as long as the lawyer adheres to three ethical rules:
1. The lawyer must inform the client of the contingency fee and its associated terms in writing at the earliest possible time with lawyer's fees, including but not limited to, reasonable rates
3. The case for which the contingency is charged must be civil case unrelated to alimony, child support, property distribution resulting from a divorce, or obtaining a divorce.

Front 3

Describe a lawyer's ethical responsibilities as they relate to the following issues:
1. Filing Frivolous Lawsuits
2. Observing the Rights of Third Persons

Back 3

1. The lawyer has an ethical responsibility to avoid any lawsuit or issue that could be considered frivolous. The lawyer is specifically prohibited from filing nuisance lawsuits. The lawyer cannot place facts into a lawsuit that have no realistic use, other than to injure or annoy another individual.
2. The lawyer must act in the best interest of the client responsibility to observe the rights of third parties, even if the client might benefit from the violation of those rights. The lawyer is prohibited from taking any action that would violate the legal rights of another individual, or any action that has no realistic use other than to annoy, delay, embarrass, or injure another individual.

Front 4

Briefly describe the following ethical responsibilities of a lawyer:
1. A Client's Right to Diligence
2. A Client's Right to Be Informed

Back 4

1. A client's right to diligence refers to the ethical responsibility of the lawyer to carry out the tasks related to a particular case in a timely fashion. The lawyer is required to meet all of the necessary filing deadlines related to a particular case. The lawyer must take steps to ensure the case proceeds as quickly as realistically possible. Legal assistants play a pivotal role in helping the lawyer meet due diligence requirements.

Front 5

Explain whether or not it is ethical for a lawyer to accept a gift for services rendered or accept payment from an individual other than the client.

Back 5

In most cases, it is unethical for a lawyer to accept a gift for services rendered. In fact, lawyers are prohibited from taking part in any transaction in which the lawyer or a relative of the lawyer receives a gift from a client, unless the client is a relative of the lawyer. It is also unethical for a lawyer to accept payment from anyone other than his or her client, in most cases. This is because a lawyer is prohibited from accepting payment from anyone other than his or her client's right to confidentiality is upheld, the lawyer does not enter into any arrangement with the individual paying the lawyer's fee, and the client agrees.

Front 6

Identify the situations in which a lawyer must refuse a client or stop representing a client.

Back 6

The three situations in which a lawyer is ethically required to refuse a client or to immediately discontinue representing a client are as follows:
1. The lawyer is unable to represent the client due to a physical or mental condition that impairs the lawyer's ability to perform his responsibilities
2. The lawyer would violate a law or ethical code by representing the client
3. The client terminates his relationship with the lawyer
If a lawyer is required to refuse a client or to discontinue his or her representation of a client for any of these reasons, then the lawyer must inform the client as soon as possible.

Front 7

Explain whether or not it is ethical for a lawyer to:
1. Offer a client financial aid for a pending civil case
2. Obtain the rights to write a book about representing a particular client
3. Ask a client to limit liability faces in pending case

Back 7

1. In most cases, it is unethical for a lawyer to offer financial aid to a client involved in a pending civil case. This is because lawyers are specifically prohibited from offering financial aid to a client awaiting a pending claim, unless that financial aid is in the form of an advance for court costs and expenses.
2. Lawyers are required to protect their client's right to confidentiality whenever possible. As such, it is unethical for rights to any other creation depicting his or her representation of a client.
3. Lawyers are ethically responsible for the actions they take on a client's behalf. As a result, it is unethical for a lawyer to ask a client to limit any liability that the lawyer may face due to the lawyer's actions.

Front 8

Describe the ethical requirements for a lawyer representing a mentally impaired client.

Back 8

The lawyer must act in the best interests of his or her client, and furnish the client with accurate, understandable information to make decisions. The lawyer must ask the court to appoint a legal guardian for a mentally disable or temporarily impaired client, if it is clear that close oversight is in the best interests of the client. This is true only if the client obviously cannot make appropriate independent decisions. For example, a depressive who is well-controlled on medication, or a trainable mentally retarded person with mild Down syndrome who lives independently, are probably both capable of self-determination. The lawyer monitors the guardian's actions throughout any legal matter in which the lawyer represents that client, to ensure they remain in the client's best interests.

Front 9

Identify and briefly describe the ethical rules that relate to a lawyer's fee.

Back 9

Lawyers must adhere to three ethical rules related to their fees:
1. Lawyers are prohibited from charging unreasonable fees, which means that a lawyer cannot charge a fee that is disproportionate to the amount of work performed, or to the lawyer's experience. As a result, a lawyer's fee must be based on the time that the lawyer spent handling the case, the deadlines related to the case, the difficulty of the case, the lawyer's level of experience, the lawyer's reputation, and whether the lawyer achieved the desired outcome or not.
3. If multiple firms handled the same case, the fees related to the case can only be divided if the client agrees. The division must be based on the amount of work performed by each firm, or the firms must agree how they will share responsibility for the client's representation.

Front 10

Identify the types of situations in which the rules related to a client's right to privacy do not apply.

Back 10

Lawyers are required to protect their clients' privacy in almost every situation. The following are situations in which a lawyer is required to provide information to another individual, even though the client has not consented, and/or disclosing the information is not required to represent the client:
1. Warning an individual or group regarding a client's intentions to prevent an attack or criminal act that could result in serious injury or death
2. Informing authorities that the client committed perjury without the attorney's prior knowledge
3.Providing information to an individual or group to aid in the defense of the lawyer for alleged misrepresentation
4. Providing information to an individual or group to aid in the defense of the lawyer if criminal charges have been filed against the lawyer

Front 11

Define competent representation as it relates to the ethical responsibilities of lawyer.

Back 11

Competent representation is one of the primary ethical responsibilities of a lawyer. It means the lawyer must only represent clients in cases that the lawyer knows how to handle. The lawyer must be at least somewhat familiar with the applicable laws, statutes, regulations, and precedents pertaining to the case. If the lawyer lacks the necessary background, then he or she is obliged to choose one of these three options:
1. Refuse the case
2. Affiliate with a lawyer who is familiar with the appropriate area of law
3. Study the area of law related to the case, providing there is sufficient time to do so

Front 12

Identify and briefly describe the three requirements that must be met in order for a legal assistant to carry out a legal task.

Back 12

Legal assistants are allowed to perform a vast number of different tasks related to the field of law, but there are three requirements that must be met in order for them to perform these tasks:
1. A legal assistant must be working under the supervision of a licensed attorney before he or she may perform any legal task
2. The attorney who is supervising the legal assistant's work must establish a relationship with the client and preserve that relationship with direct contact throughout the legal assistant's dealings with the client. Hence, it is the attorney's responsibility, not the responsibility of the legal assistant, to discuss the case with the client.
3. The attorney who is supervising the legal assistant must assume full responsibility for the legal assistant's work.

Front 13

Identify and briefly explain the two primary ethical responsibilities of a legal assistant.

Back 13

The two primary ethical responsibilities of a legal assistant are to remain competent and to avoid any action that could be considered an unauthorized practice of law. Legal assistants are expected to have the knowledge skills, and abilities necessary to carry out the legal tasks that they perform. Legal assistants are expected to remain current, and to preserve and improve their knowledge through continuing education. Continuing education can be meetings, seminars, and workshops, in addition to formal lectures and examinations. The National Federation of Paralegals Association requires 12 hours of continuing education every two years. The National Association for Legal Professionals requires 75 hours of continuing education for recertification. Legal assistants are prohibited from performing illegal actions. Therefore, a legal assistant must be familiar with the laws pertaining to his or her area of practice and any related federal laws governing the practice of law as a whole.

Front 14

Describe the rules related to a client's right to confidentiality.

Back 14

Lawyers are ethically responsible for protecting their clients' privacy in almost every situation. A lawyer is specifically prohibited from providing another individual with any information related to a client's case, or any other legal matter for which the lawyer is representing the client, unless the client agrees to the disclosure. Lawyers are prohibited from discussing the client or the client's case with any other lawyers who do not need to know the information. A lawyer cannot provide other individuals involved in the dispute with more information than is necessary. The lawyer cannot tell others that the client is being represented by his law firm, unless the lawyer is certain that it is a matter of public record. Note that a lawyer can disclose information without a client's consent providing it is necessary in order to represent his or her client. The client's right to privacy is the responsibility of both the lawyer and the legal assistants who work for that lawyer.

Front 15

Explain whether or not it is ethical for a lawyer to accept a settlement or a plea for more than one client involved in the same case.

Back 15

It is unethical for a lawyer to accept a settlement for more than one client involved in the same civil case, or to accept a plea agreement for more than one client involved in the same criminal case, unless two separate conditions are met:
1. Each client involved in the civil or criminal case must be made aware of the fact that the lawyer is representing more than one client, and each client must agree that it is acceptable for the lawyer to represent more than one client in that particular case
2. Each client involved in the settlement or the plea agreement must be informed of the terms of the settlement or agreement and how those terms will affect each of the clients that the lawyer is representing for that particular settlement or agreement.

Front 16

Compare professional ethics and an ethical code. List the two associations that govern the ethical codes for legal assistants and lawyers.

Back 16

Professional ethics refers to a collection of standard behaviors that a certain group of professionals are expected to follow. Professional ethics are general principals, values, and responsibilities that an individual must follow in order for his or her behavior to be considered appropriate for a given field.

An ethical code is collection of written rules that establishes which behaviors are acceptable or unacceptable for a given profession. The code identifies very specific behaviors so each member of the profession may preserve a certain level of integrity. The National Association of Legal Assistants (NALA) and the American Bar Association (ABA) establish most of the ethical codes that apply to legal assistants and lawyers within the United States

Front 17

Identify the penalties that a legal assistant may face for an unauthorized practice of law.

Back 17

Legal assistants who take part in an action considered an unauthorized practice of law may face a number of different penalties including, but not limited to:
* Termination of employment by the employer
* Civil penalties (fines and damages for negligence)
* Criminal penalties (custodial sentence)
The lawyer for whom the legal assistant works may also be held responsible for his or her legal assistant's unlawful practice of law, and may face civil penalties, such as damages for negligence or disbarment.
Even if a legal assistant is convicted of an unauthorized practice of law and is fired, he or she may still apply for another legal assistant position.

Front 18

Described the situations in which a lawyer can deliberately delay a case and the situations in which a lawyer is ethically prohibited from doing so.

Back 18

The lawyer can deliberately delay a case if dong so would be in the best interests of the lawyer's client. For example, if the lawyer believes that he or she may be able to find additional evidence to aid his or her client's case, but the lawyer needs additional time to find the evidence, it would be considered ethical for a lawyer to try to delay the case by whatever legal means necessary. However, if the lawyer has no reason to believe that a delay would be in the best interests of the client, it would be considered unethical for the lawyer to delay the case. The lawyer may delay a case if it helps his or client, but a lawyer may not delay a case in order to aggravate another party, to artificially increase the fee that the lawyer will receive for his or her labor, or to achieve any other purpose other than helping the lawyer's client.

Front 19

Described a lawyer's ethical responsibilities as they relate to the following issues:
1. Making False Statements to Officials
2. Influencing Officials

Back 19

1. It is the lawyer's ethical responsibility to provide accurate information to officials whenever possible. The lawyer is prohibited from:
* Making any statement to an official that the lawyer knows to be false
* Concealing any information that may lead to criminal or fraud charges against the lawyer and/or the client
* Offering evidence the lawyer knows to be false
* Concealing any legal authority, even if that authority may negatively impact the lawyer's client
2. The lawyer has an ethical responsibility to act in a fair and professional manner. The lawyer is prohibited from:
* Bribing an official of the court
* Taking any action that might influence an official of the court
* Speaking with an official of the court outside of the court proceedings, unless the lawyer's right to do so is established by law

Front 20

Explain whether or not it would be ethical for a lawyer to make a statement to the press outside of the courtroom.

Back 20

In certain circumstances, it is ethical for a lawyer to make a statement to the press outside of the courtroom. The circumstances in which it is unethical for a lawyer to make any press statement outside of the court room are to:
* Influence a pending civil case that may be tried by jury
* Influence a pending criminal case in which the defendant may face jail time if convicted
* Comment on the character or the criminal record of a witness or the opposing party
* Comment on the credibility of a witness
* Comment on the reputation of a witness or the opposing party
* Express opinions about the guilt or innocence or pleas of a particular party
* Express opinions about test results or a party's refusal to submit to testing
* State anything related to testimony that the lawyer believes will be the opposing party

Front 21

Describe a lawyer's ethical responsibilities as they relate to the disclosure of evidence.

Back 21

The following are the ethical rules lawyers are expected to follow regarding the disclosure of evidence. The lawyer cannot:
* Conceal any evidence from another party, unless concealing that evidence is allowed by law
* Change or damage any evidence
* Take any action to prevent another party from accessing any evidence that the other party is legally entitled to access or use
* File a discovery request or presenting information in court that is irrelevant or has no purpose other than delay or aggravate another party
* Offer any compensation to a witness for his or her testimony
* Advise a third party to withhold information unless the third party is an agent, employee, or relative of the client and the lawyer has no reason to believe that the third party would be injured by his or her decision to conceal the information.
The lawyer must make a reasonable attempt to respond to any and all legitimate discovery requests in a timely fashion.

Front 22

Explain whether or not if would be ethical for a criminal prosecutor to file charges without probable cause.

Back 22

The criminal prosecutor must ensure that the justice system operates in a fair and impartial manner. It is unethical for the criminal prosecutor to file charges without probable cause. In fact, a criminal prosecutor is specifically prohibited from filing charges without probable cause or taking any action that would unfairly influence a judge or jury. This means that a criminal prosecutor must gather sufficient evidence in support of the accused guilt before he or she files a criminal charge. Also, the criminal prosecutor must refrain from encouraging the judge or jury to decide on the basis of something other than the evidence against the accused.

Front 23

Explain whether or not it would be ethical for a lawyer to represent a client in a case in which the lawyer may be asked to testify.

Back 23

In most cases, it is unacceptable for the lawyer to represent a client in a case in which the lawyer may be asked to testify. In fact, the lawyer is specifically prohibited from accepting any case in which he or she is likely to be a witness. However, it is acceptable for the lawyer to represent a client in a case in which he or she may be asked to testify if one or more of these conditions apply:
* The lawyer is asked to testify about the services that the lawyer provided in another case
* The lawyer is asked to testify about a piece of information that cannot be disputed
* The lawyer's refusal to accept the case would cause the client significant hardship

Front 24

Describe a lawyer's ethical responsibilities as they relate to the following:
1. Discussing Legal Issues with Unrepresented Persons
2. Making False Statements to Third Persons

Back 24

Lawyers must make it clear that they are legal advisors for hire. The lawyer cannot offer legal advice or take action on behalf of any individual who is not a client because rarely does the lawyer have a duty of care to non-clients. The lawyer could be charged with intentional misconduct and might face disciplinary proceedings.
The lawyer must provide accurate information whenever ethically required to do so, and whenever the lawyer receives a legal request for release of information. The lawyer is prohibited from making any statement to a third party that the lawyer knows to be false. The lawyer must not conceal any information in which the concealment of that information may lead to criminal charges or charges of fraud against the lawyer of the lawyer's client.

Front 25

Explain whether or not it would be ethical for a lawyer to discuss a pending case with the client's opposing party.

Back 25

The lawyer cannot discuss a pending case with the client's opposing party, if the opposing party is represented by another attorney. This no-contact rule applies to any and all forms of communication. The lawyer cannot take any action that would facilitate discussion of the case with an opposing party. However, the lawyer may speak with an opposing party providing their conversation is not related to the case in which the opposing party is involved or anything else that would violate a law for ethical code. It is also important to note that a lawyer may discuss a pending case with the opposing party involved in that case if the opposing party's attorney agrees.

Front 26

Explain whether or not it is ethical for a lawyer to represent a client who is involved in a case in which the opponent is represented by a relative of the lawyer.

Back 26

The lawyer must act in the best interests of his or her client. This means the lawyer avoids any case in which there is or might be a conflict of interests. The lawyer cannot accept a case in which the opponent is represented by a relative of the lawyer. However, the lawyer may represent a client in a case in which the opponent is represented by a relative of the lawyer if the clients know the lawyers are related and agree consanguinity is acceptable. The situation may make working conditions very difficult, particularly if the two attorneys work in the same office or are married.

Front 27

Describe a lawyer's ethical responsibilities as they relate tot he following issues:
1. Supervising the Conduct of Legal Assistants
2. Practicing While Unauthorized
3. Aiding in the Unauthorized Practice of Law

Back 27

The lawyer must perform his/her own duties in a fair and ethical manner. The lawyer must also ensure that anyone he/she employs performs fairly and ethically, too. The lawyer is ethically responsible for overseeing the firm's legal assistants and other auxiliary personnel to ensure they comply with all applicable laws and ethical codes. It is the ethical responsibility of the lawyer to ensure his/her law practice is legally authorized. The lawyer cannot practice law in any jurisdiction in which he/she is unlicensed.
The lawyer cannot aid an unauthorized individual to practice law. The lawyer is specifically prohibited from helping an unlicensed individual to practice law. This prohibition includes disbarred lawyers, graduates who have not yet been called to the bar, and those lawyers whose license have expired.

Front 28

Explain whether or not is appropriate for a lawyer to offer reduced fees or free services to certain individuals.

Back 28

Free services are called pro bono, Latin meaning "for good". Lawyers are expected to offer reduced fees and pro bono services to charities, worthy individuals, or non-profit groups with extremely limited resources who cannot afford lawyer's standard fees. Pro bono work is an accepted way for a new lawyer to establish a good reputation. There is no written code for the specific number of reduced fee or pro bono cases a lawyer must accept. However, each lawyer is ethically required to spend at least some time on pro bono work. If the lawyer is unable to work pro bono or chooses not to provide discount services personally, then the lawyer can fulfill this obligation by funding organizations that do offer them. Examples are National Veterans Legal Services Program, Minnesota Advocates for Human Rights Refugee & Asylum Project, and community organizations dealing with domestic violence, housing, employment, health, and bankruptcy.

Front 29

Define champerty and Chinese Wall.

Back 29

Champerty: An unethical agreement between a lawyer and a client or outside party. Champerty is buying into someone else's lawsuit. Champerty takes two forms:
1. The lawyer agrees to sue and pay the client's cost in exchange for a portion of the damages awarded. Supporting the client this way is called maintenance. Champerty became popular in the 1990's for personal injury lawsuits (ambulance chasing).
2. In common law, an uninterested outside party instigates the litigation for profit. A finance company promises the lawyer a share in the proceeds if the lawsuit succeeds. If the lawsuit fails, the finance company is liable for the costs.
Champerty was a crime and a tort, but is now legal in many jurisdictions. Champerty is illegal when the lawsuit involves public policy.
A Chinese Wall is screening procedure designed to prevent conflict of interest. If a lawyer acts for Mr. Smith in financial matter, the same lawyer cannot act for Mr. Smith in their subsequent divorce case because the lawyer is tainted.