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Paralegal studies 101
Paralegal in the legal system
Paralegal in the legal system
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I was hired by Monica Gressman, Esq. three months ago as her first paralegal. Ms. Gressman is concerned about the duties and responsibilities that can be delegated to me as her paralegal without them being considered unethical. During the time working for Ms. Gressman, I conducted an initial client interview in which I discussed all the facts about the case with the client and conveyed to the client the attorney’s interest in handling the case. As per Ms. Gressman’s instructions, I advised the client with regards to the specific fees that would be charged including paralegal’s and attorney’s hourly rates during the initial client interview. Ms. Gressman wants to know if she can have me attend a settlement conference without her being present …show more content…
A paralegal would not be able to approve or reject a proposal during a settlement conference without having an attorney present. Having a paralegal attend a settlement conference on behalf of the attorney and having that paralegal accept or reject an offer could easily lead to a paralegal engaging in the act of unauthorized practice of law. In People v. Milner, 35 P. 3d 670 (Colo, 2001), the attorney failed to make reasonable efforts to ensure that the conduct of someone she supervised was compatible with her professional obligations, thus, assisting a nonmember of the Colorado bar in unauthorized practice of law and causing harm to her clients. This case establishes that the attorney is ultimately accountable for the actions of the paralegal. It is crucial to note that the failure to adhere to the ethical standards of providing proper supervision to a paralegal and aiding the paralegal in the unauthorized practice of law even if it was unintended were the contributory elements to the disbarment of Hallmon, Morin and
Pagan writes a captivating story mingled with the challenges of the Eastern Shore legal system. This book gives a complete explanation backed up by research and similar cases as evidence of the ever-changing legal system. It should be a required reading for a history or law student.
Peter Paralegal is employed by Honest Law Firm and has been instructed by his supervising attorney to prepare and conduct initial interviews with two potential clients to see if a conflict of interest is present. Big Box and Value Mart are competitors and are requesting representation by Honest Law Firm on matters that are unrelated to one another. Peter Paralegal was also asked to perform tasks related to the cases such as; prepare questions and conduct initial interviews, explain legal fees arrangements, establish the attorney-client relations, draft initial pleadings and responses, interview witnesses, draft and sign initial case evaluation letters.
Paralegals have become an essential part of today's legal system, and as the profession becomes one of the leading and fastest growing occupations in the U.S. economy; these individuals perform delegated tasks under the supervision of attorneys. Education has played an important part on this matter; it has facilitated this development by allowing lawyers to use these skills professionals as agents to delegate specific tasks such as legal research, gathering of information and the drafting of specific legal documents under the supervision and final approval of their principals. This has been very significant because now; we can enjoy a speedy process in a cumbersome legal system. From en economic standpoint, it has also been beneficial by decreasing the substantial amount of the legal cost a firm could incur if only lawyers were allowed to perform this kind work.
Wasserstrom considers a few options with in his discussion concerning a multitude of aspects faced by lawyers. "The lawyer's situation is different from that of other professionals. The lawyer is vulnerable to some moral criticism that does not as readily or as easily attach to any other professional." Thi...
College graduates or working adults who want to re-invent themselves should consider a paralegal degree. The paralegal field is rapidly growing and become an ideal choice for individuals who want a stable and exciting career.
The paralegal industry has changed over the last thirty years, and according to Kane, “Is one of the fastest-growing professions on the globe”. There is a predicted growth rate of 28% between 2008 and
The moral dilemma identified in the Lake Pleasant Bodies case is an attorney’s disturbing conflict with his competing rights to his client and as Badaracco (2009) states “…and his empathy for the victims’ families” (Badaracco, 2009, p. 6). In the case study, Attorney Frank Armani sympathizes with the father of a victim and questions divulging confidential information that would breech the attorney-client agreement with his client Frank Garrow. Additionally, the moral dilemma includes the overwhelming decisions Armani faced constructing a plausible defense for this client and at the same time setting aside his personal reservations regarding his clients guilt.
For this case, there was a violation of Standard 30 of Bar Rule 4-102(d) involving an attorney’s representation of a client in which the attorney has a financial/personal interest which may reasonably affect his professional judgement. The client is a close friend of the attorney and does not object to the attorney’s conduct. The client’s relationship to the attorney and lack of reaction to the attorney’s actions are not mitigating factors. Under the circumstances of this case, looking at the attorney’s violation of Standard 40 and accepting compensation for legal services from someone other than his client, the defendant was sentenced to a 90 day suspension.
Even though virtual paralegals are on the horizon, getting attorneys to get to become acclimated to the idea can be a huge adjustment to those that are used to hands on services. Virtual paralegals represent known unknown dangers to firms, attorneys and your clients because rarely do you have the chance to meet the paralegal face to face and get a keen feel of their personality and work ethic to evaluate if they are truly a good fit for your firm as an attorney. Thankfully, there are ways to limit these risks and start utilizing the advantages of the efficient and cost effective use of virtual paralegal services offered.
The paralegal profession developed as legal secretaries assumed additional duties to help attorneys with their workload. The paralegal performs legal tasks under the supervision of an attorney that maximizes attorneys' productivity and cost efficiency in the delivery of legal services. Paralegals work in many different types of law firms, corporations or government agencies in many areas of law (Hollingshead). All duties performed by a paralegal are under the supervision of an attorney who is responsible for the paralegal’s conduct. In fact, the American Bar Association Standing Committee on Paralegals define paralegals or legal assistants [used synonymously] as a person qualified by education, training or work experiences, who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specific delegated legal substantive work for which a lawyer is responsible (ABA). In class, we learne...
d)I think this kind of public shaming is not harsh consider the nature of attorney. An attorney represents his or her clients with the trust of both the court and the clients. Thus, the integrity of an attorney should be without question. Though other attorneys might find the disciplinary record, plain public who has little knowledge about legal system might find difficult to do so. Thus, public reprimand is a good way to make this problem known and allow people to choose their attorneys
Judge’s face constant challenges in their field of work given that they need to balance their professional and social relationship with prosecutors that appear in front of them in court. These relationships raise ethical questions for they might affect a judge’s decision making and rationality in the outcome of a specific case, however such relationships are not only acceptable, but common for lawyers and judges to socialize outside the courtroom. The line is drawn when the relationship are more than friendship. These lines are discussed clearly in Cynthia Gray’s “Judicial Disqualification and Friendships with Attorneys”.
Eidness, A. C. (2011). Confronting Ethical Issues in Practice: The Trial Lawyer's Dilemma. Family Law Quarterly, 45(1). Retrieved from http://eds.a.ebscohost.com.library.gcu.edu:2048/eds/detail?vid=10&sid=130cadee-b6c4-4c44-afb0-033cf3dd4548%40sessionmgr4004&hid=4113&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#db=a9h&AN=63490930
The first and most important task may be overcoming the cynicism of so many lawyers in and out of government to whom concern for "fairness" somehow signifies weakness. It is a cynicism that government lawyers should not have the luxury of acting upon. In reality, a commitment to fairness is a highly reliable sign of strength and confidence in the merits of one's position, and it is usually those who fear the fairness of the forum who most fear outcomes based on merit. Recently, a controversy has erupted over whether Justice Department lawyers are bound by state codes of ethics and analogous local federal court rules of practice. The issue stems from rules that restrict contact by lawyers with parties known to be represented by counsel, including corporate parties. In essence, the government is seeking to exempt its own lawyers from state and federal court ethical restraints in ways that would go far beyond issues of witness contact. Courts, thus far, have been unsympathetic to this government effort at unilateral exemption from the rules of ethics.
A brief description of the setup of the office is helpful. There are three lawyers in the office. The actual office is owned by Dan, the elderly male lawyer. The two female lawyers rent their office space from Dan. In addition to the attorneys, there are two employees. The full time employee is Ed, the paralegal. I am the part time employee. My duties include office management and secretarial tasks.