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Paralegal Course > Paralegal Ethics > Flashcards

Paralegal Ethics Flashcards

1
Q

TDRPC

A

Texas Disciplinary Rules of Professional Conduct

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2
Q

Ethics are

A

rules of professionalism that protect both paralegals and clients.

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3
Q

In Texas, the legal ethics rules are called the

A

Texas Disciplinary Rules of Professional Conduct.

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4
Q

Paralegals must act ethically, and they must know the ethical rules for themselves, as well as for the attorneys.

A

true

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5
Q

Most ethics rules are written down, but those rules do not cover all situations

A

true

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6
Q

Do not even get close to the ethical line to avoid crossing it or giving the appearance of unethical conduct.

A

true

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7
Q

UPL

A

unauthorized practice of law

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8
Q

unauthorized practice of law

A

UPL

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9
Q

UPL, some things clear, some not. In some cases it is a __________, as well as civil offense.

A

criminal

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10
Q

UPL as paralegal = representing yourself as attorney.

A

not just what you say, but what you do NOT say as well.

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11
Q

Affirmatively say that you are a paralegal.

A

true, so client doesn’t get the impression that you are a lawyer, even without you saying you are.

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12
Q

Giving Legal Advice is upl.

A

giving legal advice is unauthorized practice of law.

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13
Q

Giving legal advice includes

A
  1. Telling someone what the law states
  2. Interpreting the law for someone’s situation
  3. Recommending what people should do in legal situations, other than saying “talk to a lawyer”
  4. Filling out, or helping someone else fill out, legal forms without direct lawyer supervision; and
  5. signing a letter or giving a message to a client from the attorney that contains legal advice, without clearly stating that the attorney asked you to provide the information
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14
Q

Don’t give legal advice even to friends and family because

A

people may give greater weight to what you have to say. What you say might directly affect a person’s decision, which in turn may affect that person’s legal rights.

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15
Q

“Do I have a case?”

A

Call a lawyer

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16
Q

Can you sign a pleading with permission?

A

No.

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17
Q

Who can reject a case?

A

Only a lawyer

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18
Q

Who can accept a case?

A

Only a lawyer

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19
Q

Who can set fees?

A

Only a lawyer

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20
Q

Who can quote fees?

A

Only a lawyer

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21
Q

Name some ethical obligations?

A 
Confidentiality
Avoiding conflicts of interest
Working under the supervision of an attorney
Competence
Reporting Ethical Violations
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22
Q

What is confidential?

A

Any and all information a client provides, including the client’s name, is confidental. Even when discussing client information with someone who works with you, be careful about where you are. And OF COURSE, no confidential information may be used for personal gain.

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23
Q

A conflict of interest?

A

It is a conflict of interest for you to do work for a client if you have previously worked for an opposing party.

24
Q

Ethical wall?

A

If a firm hires a paralegal who has worked for opposing counsel, or an opposing client, the entire firm will be notified that an “ethical wall” is to be erected around the paralegal

  • no one discuss case in paralegals’ presence
  • allow paralegal no access to documents, including keep files locked away
  • engage in any discussions with the paralegal about her prior work on the case
25
Q

Paralegal must work under the direct supervision of a lawyer.

A
  • identify yourself as paralegal
  • copy attorney on all emails to clients or other counsel
  • attorney must review any documents before they are filed. mark them as DRAFT until they are reviewed. keep copies
26
Q

Competence?

A

It’s the professional thing to do.
Stay current on legal knowledge through CLE’s (continuing legal education)
Stay current on technology.

27
Q

CLE

A

Continuing Legal Education

28
Q

Report Ethical Violations?

A
  • if you have knowledge of paralegal or attorney doing something unethical, attempt to correct.
  • if tell the person doesn’t work, if it’s something major, go to supervising attorney
  • If the firm tolerates it, start looking for another job
29
Q

Educate your attorney?

A
  • paralegals might inadvertently do something unethical because an attorney asked them to do it
  • attorney might not be aware that what he is asking the paralegal to do is unethical
  • paralegal’s responsibility to educate the attorney regarding the ethical limitations of a paralegal’s duty
30
Q

Who has clients?

A

Attorneys

31
Q

Ethics of Community Service?

A

People in legal community often volunteer to serve the community in a variety of ways

32
Q

If asked to serve on a board or committee mainly because of your legal training?

A

You should probably decline the position

33
Q

What’s the difference between solicitation and advertising?

A

Very specific rules.

You cannot go up to people that you know have a specific situation.

34
Q

May a paralegal sign a pleading by permission?

A

No. Not only is this unethical, but it also violates both a FRCP and TRCP.

35
Q

May a paralegal sign a pleading by permission?

A

No. Not only is this unethical, but it also violates both a FRCP and TRCP.

36
Q

FRCP

A

Federal Rules of Civil Procedure

37
Q

FRCP

A

Federal Rules of Civil Procedure

38
Q

TRCP

A

Texas Rules of Civil Procedure

39
Q

TRCP

A

Texas Rules of Civil Procedure

40
Q

May a paralegal sign a certificate of service?

A

No. The only person who may sign a certificate of service by permission is another licensed attorney.

41
Q

May a paralegal sign a certificate of service?

A

No. The only other person who may sign a certificate of service by permission is another licensed attorney.

42
Q

Paralegal’s signature block on a firm letter?

A

A paralegal who is supervised by an attorney may sign a letter on the firm’s letterhead with the proper signature block.
-It must contain the paralegal’s name and title.

43
Q

If someone just assumes that a paralegal is an attorney, does the paralegal have to correct that assumption?

A

Absolutely YES. Not to correct this assumption could expose the paralegal to charges of UPL, which is a crime.

44
Q

May a paralegal reveal confidential information.

A

NO.

45
Q

May a paralegal reveal confidential information as long as s/he doesn’t reveal the name of the client and s/he tells only family members?

A

NO

46
Q

If a paralegal is traveling for one client and works on another client’s file while on the plane, may both clients be billed for that time?

A

NO. That is double dipping and is tantamount to stealing.

47
Q

If someone else works on a file, but doesn’t bill for the time, is it all right for the paralegal to bill for the time?

A

NO. It is unethical to charge a client for work not performed by the person billing for the work.

48
Q

What documents may a paralegal sign?

A
  • Correspondence, including email correspondence, if no legal advice is given and the paralegal’s name, title, and either the firm name or the supervising attorney’s name are included.
  • Correspondence from an attorney by permission if no legal advice is given and the paralegal’s title is clearly indicated.
49
Q

May I make an agreement with opposing counsel?

A

Sometimes - agreements about scheduling times and places, or extensions for discovery - if your attorney asks you to do so.
-You cannot make substantive agreements that affect the case such as settlement or plea agreements.

50
Q

When may a paralegal accept a referral fee?

A

NEVER.

Receipt of, and making, these payments may be considered a felony.

51
Q

When may a paralegal solicit clients?q

A

Never.

A free-lance paralegal may solicit attorney clients, but no one should solicit non-attorney clients for an attorney.

52
Q

Is an attorney signature stamp the same as signing with permission?

A

Yes.

53
Q

What is the paralegal’s duty to report UPL?

A

When a paralegal becomes aware of UPL or other fraudulent activities, there is a duty to report such behavior to the appropriate authorities.
To do otherwise is to knowingly assist the UPL.
Paralegals should report violations up the chain where they work.

54
Q

TDRPC

A

Texas Disciplinary Rules of Professional Conduct

55
Q

TDRPC

A

Texas Disciplinary Rules of Professional Conduct

Paralegal Course (29 decks)

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