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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Paralegals/Legal Assistants

Top 25 Paralegal Blogs and Websites To Follow for 2022

29 Tuesday Mar 2022

Posted by Celia C. Elwell, RP in Paralegals/Legal Assistants

≈ Comments Off on Top 25 Paralegal Blogs and Websites To Follow for 2022

Tags

Online Master Paralegal Blogs for 2020

Feedspot, March 24, 20202

https://blog.feedspot.com/paralegal_blogs/

Wow! What an honor to be listed with the same bloggers I admire and have influenced me for so many years! There are, of course, many other paralegal blogs and resources out there. You can also find great information at your local or state paralegal organization and its newsletter. Do not forget your state or national bar journal, especially to help you keep up with the lastest changes to statutes and case law, as well as court rule changes!

  • WordPress
  • Link
  • RSS Feed
  • LinkedIn
  • Twitter

As always, if I can give you a hand, please give a shout! -CCE

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Top 20 Paralegal Blogs, Websites, and Influences of 2021

17 Sunday Jan 2021

Posted by Celia C. Elwell, RP in Legal Blogs, Paralegals/Legal Assistants

≈ 1 Comment

(Last Updated Jan 13, 2021), by Feedspot Blogger, https://blog.feedspot.com/paralegal_blogs/

A compilation of twenty paralegal blogs, each with a different focus and content. An excellent resource for beginning or experienced paralegals. I am honored to be listed among them. Each author of these blogs has at least one thing in common – a desire to share their knowledge with others in the profession. Please feel free to write to them to suggest content or ask questions. You will find them happy to help. -CCE

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16 PARALEGAL BLOGS FOR 2020

29 Wednesday Apr 2020

Posted by Celia C. Elwell, RP in Blogs, Legal Technology, Legal Writing, Paralegals/Legal Assistants, Research

≈ Comments Off on 16 PARALEGAL BLOGS FOR 2020

Tags

Online Master of Legal Studies, Online Master Paralegal Blogs for 2020

16 PARALEGAL BLOGS FOR 2020, BY Online Master Paralegal Blogs for 2020

https://onlinemasteroflegalstudies.com/resources/paralegal-blogs/

A list of valuable and helpful blogs for paralegal professionals and paralegal students. -CCE

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A Guide to E-Discovery Terms.

07 Saturday Jul 2018

Posted by Celia C. Elwell, RP in Concept Search Tools, Discovery, E-Discovery, Paralegals/Legal Assistants

≈ Comments Off on A Guide to E-Discovery Terms.

Tags

E-Discovery, Jenny Tucker, My Paralegal Place

The Big List of E-Discovery Terms Every Paralegal Should Know, by Jenny Tucker, My Paralegal Place (reprinted with author’s permission)

http://www.myparalegalplace.com/2017/08/the-big-list-of-e-discovery-terms-every.html

I have paralegal friends who have had special training and received credentials for their knowledge of e-discovery. I also have paralegal friends who rarely run across the same kind of challenge. If these terms are common to you, I tip my hat. If not, I hope this helps. Thanks, Jenny, for sharing. -CCE

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If You Want To Know How To Do Something, Ask A Paralegal.

14 Saturday Apr 2018

Posted by Celia C. Elwell, RP in Intellectual Property, Paralegals/Legal Assistants

≈ Comments Off on If You Want To Know How To Do Something, Ask A Paralegal.

Tags

Adam Houldsworth, Deborah Hampton, Intellectual Property, Paralegals, World Trademark Review™

How the legal profession under utilizes paralegals: exclusive interview with Deborah Hampton of Chemours, by Adam Houldsworth, World Trademark Review™ (hat tip to William P. Statsky)

https://bit.ly/2veKSrh

I met Deborah Hampton years ago, and was impressed then by her intelligence, poise, kindness, and professionalism. I am even more impressed now. -CCE

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Why Do Bad Clients Deserve The Best?

26 Monday Feb 2018

Posted by Celia C. Elwell, RP in Ethics, Legal Support Staff, Paralegals/Legal Assistants, Professionalism

≈ 4 Comments

Tags

Legal Assistant, Paralegal, Professionalism

A good friend recently shared a paralegal post in which the author complained about ill-tempered clients. The author warned that, as a result, the clients’ work would remain at the bottom of the stack on her desk. I disagree.

I recall witnessing this behavior more than once as a legal secretary and paralegal toward clients, young lawyers, and legal interns. Law students were particularly vulnerable. I caution any legal support staff against behaving so unprofessionally.

If you find yourself tempted, let me remind you of this simple truth. Law students and young lawyers have a bad habit of becoming senior partners and your future employers. And, they have long memories.

Most people, as a rule, do not call an attorney’s office because they are having a good day. Before they became our clients, they realized they had a problem, tried to deal with it, were unsuccessful, stressed, and lost sleep. In short, we are not seeing them at their best.

Take good notes when your clients vent, rant, or repeat themselves. Because they are upset, they may be mistaken or confused. Let the client know that you are listening to them. Interrupt only when you need them to repeat something to make sure you get it right. Document the clients’ concerns, and tell your attorney they called and why.

Helping clients resolve their legal problem is our job. It is what we do, and it is why we are there. They deserve the best service we can give them. -CCE

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An Analysis of the Unauthorized Practice of Law.

04 Monday Sep 2017

Posted by Celia C. Elwell, RP in Legal Analysis, Legal Writing, Litigation, Unauthorized Practice of Law, Wrongful Death

≈ Comments Off on An Analysis of the Unauthorized Practice of Law.

Tags

Case Analysis, Legal Profession Prof, Mike Frisch, Unauthorized Practice of Law

Wrongful Death Case Filed for Late Spouse Not Null and Void as Unauthorized Practice, by Mike Frisch, Legal Profession Prof (with hat tip to William P. Statsky)

http://bit.ly/2xK44uo

A man’s wife dies in a hospital due to complications after surgery. He sues the hospital and other defendant in a wrongful death lawsuit. You can represent yourself in court without a lawyer, but can you represent someone else without a lawyer? No, you can’t. It’s called the unauthorized practice of law. So, how did he do it? -CCE

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Is A Non-Lawyer A Professional?

23 Friday Sep 2016

Posted by Celia C. Elwell, RP in Law Office Management, Management, Paralegals/Legal Assistants

≈ Comments Off on Is A Non-Lawyer A Professional?

Tags

Matt Hoffman, Non-Lawyers, Paralegals, the [non]billable hour blog

It’s Time to Kill the “Non-Lawyers” by Matt Hoffman, the [non]billable hour blog

http://bit.ly/2cpZOJk

[L]aw firms are professional services businesses and it’s time to acknowledge the large group of diversely talented people who make them run — people who don’t deserve to be labeled ‘non’-anything.

Instead, let’s call them what they really are: Professionals.

Continue reading →

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An Update on the New DOL Overtime Rule.

21 Wednesday Sep 2016

Posted by Celia C. Elwell, RP in Employment Law, Exempt Employees, Law Office Management, Lawyer Supervision, Non-Exempt Employees, Paralegals/Legal Assistants

≈ Comments Off on An Update on the New DOL Overtime Rule.

Tags

Exempt vs. Non-Exempt, Jason Linn, Michigan Employment Law Advisor Blog, NFPA, Overtime, U.S. Dept. of Labor

Michigan Joins Quest to Block New Overtime Rule, by Jason Shinn, Michigan Employment Law Advisor Blog

http://bit.ly/2d5Bpto

The new overtime rule proposed by the Department of Labor is definitely one to watch. Its impact on employee and employer alike is significant.

How will it impact paralegals? As a profession, we began as exempt professionals, and not eligible for overtime. The Department of Labor eventually determined that paralegals were non-exempt because we work under the direct supervision of lawyers, and do not make independent decisions. Personally, I prefer being considered as an exempt professional, but not all paralegals share my opinion.

 A more detailed explanation of the history of the Department of Labor and the paralegal professional can be found here: https://www.paralegals.org/i4a/pages/index.cfm?pageid=3304. -CCE

On September 20, 2016, Michigan joined 20 other states in filing a lawsuit against the U.S. Department of Labor (DOL) to block a new overtime rule that goes into effect on December 1, 2016. Here is a link to the complaint Nevada v. Labor Dept., (9/20/16).

*     *     *

DOL’s Rule Expands Eligibility for Overtime Pay

The DOL’s overtime rule would more than double the salary threshold, up to about $47,500, under which workers are automatically entitled to overtime pay. This rule focuses on shrinking what is referred to as the ‘white collar exemption,’ which exempts employees who perform ‘executive, administrative or professional’ duties from overtime and minimum wage requirements.

Continue reading →

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Yep – Just A Paralegal.

10 Tuesday May 2016

Posted by Celia C. Elwell, RP in Law Office Management, Management, Paralegals/Legal Assistants

≈ Comments Off on Yep – Just A Paralegal.

Tags

California Bar Journal, Christopher Beck, Law Office Management, Paralegal

“Just” a Paralegal? by Christopher Beck, California Bar Journal (May 2016)(with hat tip to William P. Statsky)

http://calbarjournal.com/May2016/Opinion/ChristopherBeckCYLA.aspx

[I] remember something very intelligent and profound that my professor said during this first day: ‘One day you’ll be out in the world working at a law office, big or small, government or private. And on that first day you will have absolutely no idea what you are doing. To make it worse, no other associate will help you. The best advice I can give you is this: Be nice to the paralegals. They know more than you think, often as much as the lawyers, and they have been at the firm longer. If you want to survive, befriend them.’

Continue reading →

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Utah Lawyers Not Yet Ready To Accept Limited Paralegal Practitioners.

20 Sunday Dec 2015

Posted by Celia C. Elwell, RP in Education, Limited License Legal Technician Program, Paralegals/Legal Assistants, Utah Supreme Court

≈ Comments Off on Utah Lawyers Not Yet Ready To Accept Limited Paralegal Practitioners.

Tags

Jessica Miller, Limited Paralegal Practitioners, The Salt Lake Tribune, Utah Supreme Court

 

 

A New Kind Of Paralegal Is Coming To Help Utahns Navigate The Court System, by Jessica  Miller, The Salt Lake Tribune (published December 14, 2015)

http://www.sltrib.com/home/3307300-155/a-new-kind-of-paralegal-is

There are issues with how Utahns access their justice  system, a Utah Supreme Court justice said.

Many people either can’t afford lawyers, Deno Himonas said Monday, or simply don’t want to hire one to help them navigate the court system as they file for divorce, settle debts or resolve eviction issues. . . .

To that end, the Utah Supreme Court has approved the creation of a new legal profession: limited paralegal practitioners.

*     *     *

Creating a new career field from the ground up won’t be without challenges, however.

One of the biggest hurdles may be getting Utah lawyers to support the program. The task force report said 60 percent of lawyers recently surveyed by the Utah State Bar either disagreed or ‘strongly disagreed’ with a proposal to explore limited licenses for certain practice areas.

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Utah’s Major Decisions About The Paralegal Profession.

19 Saturday Dec 2015

Posted by Celia C. Elwell, RP in Limited License Legal Technician Program, Paralegals/Legal Assistants, Utah Supreme Court

≈ Comments Off on Utah’s Major Decisions About The Paralegal Profession.

Tags

Limited Legal Licensing, National Center for State Courts, Non-Lawyers, Paralegals, Utah Supreme Court

Utah made some major decisions about the paralegal profession in 2015. In August, the Utah Supreme Court, Utah State Bar, and National Center for State Courts took a hard look at the role of non-lawyers:

Non-Lawyer Legal Assistance Roles – Efficacy, Design, and Implementation, Thomas M. Clark, Ph.D., National Center for State Courts (August 2015)

Non-Lawyer Legal Assistance Roles

In November 2015, the Utah Supreme Court’s Task Force also tackled limited legal licensing of non-lawyers:

Utah Supreme Court Task Force to Examine Limited Legal Licensing

http://www.utcourts.gov/committees/limited_legal/Supreme%20Court%20Task%20Force%20to%20Examine%20Limited%20Legal%20Licensing.pdf

You can find both here at the Utah Courts website under Publications/Court Reports:

http://www.utcourts.gov/resources/reports/

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South Carolina Supreme Court Creates Board of Paralegal Certification.

15 Sunday Nov 2015

Posted by Celia C. Elwell, RP in Certification, Paralegals/Legal Assistants, Regulation, South Carolina Supreme Court

≈ Comments Off on South Carolina Supreme Court Creates Board of Paralegal Certification.

Tags

Board of Paralegal Certification, Edward Nelson, examiner.com, NY Public Policy Examiner, Paralegal Certification, Supreme Court of South Carolina

South Carolina Supreme Court creates a State Board of Paralegal Certification, by Edward Nelson, NY Public Policy Examiner, examiner.com (with hat tip to William P. Statsky)

http://www.examiner.com/article/south-carolina-supreme-court-creates-a-state-board-of-paralegal-certification

Today [November 11, 2015], the South Carolina Supreme Court issued an Order which gives legitimacy to Rule 429 of the South Carolina Appellate Court Rules (SCACR) and creates the Board of Paralegal Certification where paralegals can voluntarily apply to become certified with the State of South Carolina. According to the Supreme Court, ‘The purpose of certification of South Carolina’s paralegals is to assist in the delivery of legal services to the public by identifying individuals who are qualified by education, training, and experience and who have demonstrated knowledge, skill, and proficiency to perform substantive legal work under the direction and supervision of a lawyer licensed in South Carolina.’

This is a tremendous Order from the South Carolina Supreme Court issued on November 12, 2015. The Board of Paralegal Certification shall be formed of five (5) attorneys in good standing with the South Carolina Bar and four (4) paralegals certified under the program which constitutes a nine (9) member board. . . .

Continue reading →

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Upper Canada’s Paralegal Rules of Conduct.

16 Sunday Aug 2015

Posted by Celia C. Elwell, RP in Canada, Canada Licensing, Paralegals/Legal Assistants, Professional Organizations

≈ Comments Off on Upper Canada’s Paralegal Rules of Conduct.

Tags

Paralegal Ethics, Upper Canada Paralegal License, Upper Canada Paralegal Resources, Upper Canada Paralegal Rules of Conduct, William P. Statsky

The Law Society of Upper Canada – The Paralegal Rules of Conduct (with hat tip to William P. Statsky!)

http://www.lsuc.on.ca/uploadedFiles/Chapter1ParalegalRulesConduct.pdf

Upper Canada Paralegal Resources

http://www.lsuc.on.ca/for-paralegals/resources-for-paralegals/

Includes information about how to become a paralegal, how to become licensed, and how to manage your paralegal practice. -CCE

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Big Law Firms Miss $1.5 Billion Dollar Mistake.

07 Friday Aug 2015

Posted by Celia C. Elwell, RP in 2nd Circuit Court of Appeals, Diligence, Lawyer Supervision, Legal Ethics, Malpractice, Paralegals/Legal Assistants, Rules of Professional Responsibility, Supervising Support Staff

≈ Comments Off on Big Law Firms Miss $1.5 Billion Dollar Mistake.

Tags

Above the Law, Due Diligence, Joe Patrice, Legal Ethics, William P. Statsky

Mayer  Brown & Simpson Thacher Make Epic Screwup, by Joe Patrice, Above The Law (with hat tip to William P. Statsky)

http://abovethelaw.com/2015/01/mayer-brown-simpson-thacher-make-epic-screwup/

It is rare indeed to find such a dearth of responsibility among so many fine legal professionals. If you can, follow the bouncing ball. –CCE

Mistakes happen. It’s why pencils have erasers. But it’s also why law firms install tier after tier of increasingly senior professionals to second-guess every ounce of work product. It’s remarkably effective — and fairly lucrative on an hourly basis.

Unfortunately, the flip side of a tiered system is a tendency toward over-delegation. And that’s how an unwary paralegal ends up costing a bank millions. . . .

Continue reading →

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Legal Ethics and Conflicts of Interest – What Is Your Professional Duty?

19 Sunday Jul 2015

Posted by Celia C. Elwell, RP in Confidentiality, Confidentiality, Conflict of Interest, Ethics, Lawyer Supervision, Legal Ethics, Paralegals/Legal Assistants, Rules of Professional Responsibility, Supervising Support Staff

≈ Comments Off on Legal Ethics and Conflicts of Interest – What Is Your Professional Duty?

Tags

Client Confidentiality, Conflict of Interest, Legal Ethics

Regardless of whether you are a lawyer, judge, or paralegal, have you kept a list of every case on which you have worked? Does it include all the parties or only your client?

Christine Simmons recently posted an interesting article in the New York Law Journal in which the Court disqualified a White Plains attorney’s representation of his client. The attorney’s paralegal had, in the past, been involved with the opposing party. For this reason, the Court ruled to vacate the settlement due to tainted negotiations.

So back to my original question – when you were hired, did anyone ask you to look at the firm’s active client list to determine whether you had a conflict of interest? Shouldn’t this especially be the case if your practice is limited to only one or two specific areas of law where you often get repeat business from your clients?

Often, when a firm signs on a new client, it will run a conflict check through its database. It likely also sends an email to all the attorneys asking whether any have a conflict with this particular client. Are support staff and/or the IT Department included in this inquiry? Shouldn’t they if they will have access to the file or any communication with the client, regardless of what role they play in the preparation of the case?

Although every legal professional, lawyer and paralegal, are aware of their ethical obligation to confidentiality and conflicts of interest, how many of us have a complete list of every client and/or parties in each case we have ever worked? Should we? -CCE

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A Rose By Any Other Name . . . .

19 Sunday Jul 2015

Posted by Celia C. Elwell, RP in Lawyer Supervision, National Exams, Paralegals/Legal Assistants, Professional Organizations, Regulation, Unauthorized Practice of Law

≈ Comments Off on A Rose By Any Other Name . . . .

Tags

Certificated, Certification, Legal Assistants, Paralegals, Registration

Attorney’s Quick Guide to Paralegal Credentials, by Misty L. Sheffield, Atlanta Paralegal Services©2015

http://www.atlantaparalegalservices.com/2011/08/attorneys-quick-guide-to-paralegal-credentials/

 

Attorneys looking for a paralegal to hire full-time, part-time or on a contract basis will be faced with a variety of titles and credentials. Paralegals are not a licensed profession, but credentials are offered by the national paralegal organizations on a voluntary basis. This is a quick reference guide to the most commonly used national paralegal titles and credentials. This list does not include state-specific credentials. . . .

Continue reading →

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Limited License Legal Technicians – Can They Really Practice Law?

23 Saturday May 2015

Posted by Celia C. Elwell, RP in Family Law, Limited License Legal Technician Program, Paralegals/Legal Assistants, Regulation, Unauthorized Practice of Law, Washington Supreme Court

≈ Comments Off on Limited License Legal Technicians – Can They Really Practice Law?

Tags

2Civility, Family Law, Legal Ethics, Limited License Legal Technicians

Future or Folly: Limited License Legal Technicians, by 2Civility, Illinois Supreme Court Commission on Professionalism (with hat tip to William P. Statsky)

http://tinyurl.com/lk9jap6

It’s graduation time. This year, there is a brand new class of graduates in the State of Washington: Limited License Legal Technicians (LLLTs). These graduates are from a unique legal educational program—not a traditional law school. Yet they will eventually have a law license to perform limited legal services in family law. . . .

Continue reading →

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West Virginia Supreme Court of Appeals Rules On Fee-Splitting Between Lawyers and Non-Lawyers.

09 Saturday May 2015

Posted by Celia C. Elwell, RP in Contract Law, Legal Ethics, Paralegals/Legal Assistants, Rules of Professional Responsibility, Unauthorized Practice of Law

≈ Comments Off on West Virginia Supreme Court of Appeals Rules On Fee-Splitting Between Lawyers and Non-Lawyers.

Tags

Contracts Prof Blog, Fee-Splitting, Jeremy Telman, Legal Ethics, Non-Lawyers, Rules of Professional Conduct

West Virginia Supreme Court of Appeals Refuses to Enforce Unethical Fee-Splitting Agreement, by Jeremy Telman, Contracts Prof Blog

http://tinyurl.com/pxrloyc

Gary Rich and Joseph Simioni met in connection with an asbestos case involving West Virginia University. Rich is an attorney. Simioni has a J.D. but was never admitted to the bar. Starting in the 1990s, the two men collaborated on two additional asbestos cases and contracted with out-of-state law firms to help them class action litigation. It appears that until 2002, the men agreed that they would split the proceeds of their work 50/50. but then Rich announced there would be an 80/20 split in his favor. The parties then proceeded on this basis and committed their agreement to writing in 2005.

Rich now contends that he was under the impression that Simioni was a licensed attorney, and he did not realize that Simioni was not licensed until 2000 or 2001. He consulted with the former Chief Lawyer Disciplinary Counsel of the West Virginia State Bar, who told him that Sinioni ‘might not be able to get paid ethically.’

Simioni eventually filed sued in District Court against the out-of-state law firms, seeking recovery based in quantum meruit, unjust enrichment and breach of an implied contract. The District Court certified the following question to the Supreme Court of Appeals:

Are the West Virginia Rules of Professional Conduct statements of public policy with the force of law equal to that given to statutes enacted by the West Virginia State Legislature?

The Supreme Court of Appeals answered in the affirmative, at least with respect to Rule 5.4 of the Rules of Professional Conduct. which prohibits fee-sharing between lawyers and non-lawyers. The Court held for the first time (but based on numerous authorities) that fee-sharing agreements between lawyers and non-lawyers violate public policy. . . .

Continue reading →

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This Is So Wrong On So Many Levels.

03 Friday Apr 2015

Posted by Celia C. Elwell, RP in Ethics, Lawyer Supervision, Legal Ethics, Paralegals/Legal Assistants, Supervising Support Staff

≈ 1 Comment

Tags

Legal Ethics, Litigation, Paralegals, The Law for Lawyers Today, Thompson Hine LLP, Tom Feher

Florida Lawyers Face Disciplinary Charges After Representing “Bubba the Love Sponge Clem” Blog, by Tom Feher, Thompson Hine LLP, The Law for Lawyers Today, © Copyright 2006-2015 Globe Business Publishing Ltd (with hat tip to William P. Statsky!)

http://www.lexology.com/library/detail.aspx?g=7369afdc-2305-4a44-aa15-ee76a6effe33

There has been a long, ongoing discussion in our profession about whether paralegals should have a certain level of paralegal education or whether it is sufficient to have experience alone. This article makes a good argument that, one way or another, in-depth education in legal ethics is critical for paralegals and all support staff. This subject deserves, and needs, special attention.

We make the mistake of thinking that lawyers know every nuance to supervising paralegals, and that is not always the case. It is not enough pick up a short review of legal ethics at a CLE seminar. You should be brushing up constantly, just as you would court rules or any other integral part of your job.

This example is one of the most extreme ethical violations I have ever seen by paralegals and attorneys. You cannot make up this stuff. -CCE

Sometimes our lessons come in more bizarre ways than others. As reported by Law360 last week (subscription required), three Florida lawyers were charged by disciplinary authorities over a January 2013 incident involving the firm’s paralegal. The three lawyers were defending defamation claims against their client, who was a local radio talk show host known as ‘Bubba the Love Sponge Clem.’ The plaintiff was another radio personality.

Reports at the time suggested that, on the evening after the media-focused defamation trial started, the defense firm’s paralegal spotted plaintiff’s counsel at a local bar near his home. She contacted lawyers at her firm, returned to the bar with a friend, and sat down next to opposing counsel. Over the next two hours, the paralegal is reported to have lied about where she worked, flirted with opposing counsel and ordered drinks, including buying defense counsel a vodka cocktail and shots of Southern Comfort. She also stayed in touch with the three lawyers from her firm, sending them more than 90 texts and emails over the course of the evening. . . .

Continue reading →

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Lawyer Sanctioned For Throwing Paralegal Under The Bus To Explain Mistake To Court.

24 Tuesday Mar 2015

Posted by Celia C. Elwell, RP in Attorney Discipline, Lawyer Supervision, Legal Ethics, Paralegals/Legal Assistants, Rules of Professional Responsibility, Supervising Support Staff

≈ Comments Off on Lawyer Sanctioned For Throwing Paralegal Under The Bus To Explain Mistake To Court.

Tags

ABA Journal, Debra Cassens Weiss, Lawyer Supervision, Legal Ethics, Paralegals

Judge Sees ‘Self-Congratulatory Blather’ In Biglaw Brief; Paralegals Blamed For Error, by Debra Cassens Weiss, ABA Journal (with hat tip to William Statsky!)

http://tinyurl.com/na9l6gy

A Florida bankruptcy judge overseeing a fight between investors in a shuttered fashion mall made no secret of his dissatisfaction with a Duane Morris pleading during a sanctions hearing on Friday.

U.S. Bankruptcy Judge John Olson said the law firm appeared to be throwing a paralegal ‘under the bus’ when it blamed her for a mistaken court filing, and its sanctions brief was lacking the proper tone, the Daily Business Review (sub. req.) reports.

Continue reading →

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How A Dental Board Decision Could Affect The Business of Practicing Law.

07 Saturday Mar 2015

Posted by Celia C. Elwell, RP in Federal Trade Commission, Government, Legal Ethics, Paralegals/Legal Assistants, Rules of Professional Responsibility, Supervising Support Staff, Unauthorized Practice of Law, United States Supreme Court

≈ Comments Off on How A Dental Board Decision Could Affect The Business of Practicing Law.

Tags

Anti-trust, Board of Dental Examiners, Federal Trade Commission, Forbes, Ken Friedman, LegalZoom Inc., Monopoly, Non-Lawyers, Unauthorized Practice of Law

Could Dental-Board Decision Unlock Lawyer Control Of State Bar Regulations?, guest post Ken Friedman, Forbes

(Mr. Friedman is the Vice President of Legal and Government Affairs for LegalZoom Inc.)

http://www.forbes.com/sites/danielfisher/2015/03/04/dental-board-decision-could-unlock-lawyer-control/

Many state regulatory agencies are controlled by active members of the very professions they oversee. Last week, this fox-and-hen-house scenario was addressed by the United States Supreme Court, which ruled that such agencies are not immune to federal antitrust laws unless their actions are actively supervised by politically accountable government officials. While the case dealt specifically with dentistry (teeth whiteners everywhere, rejoice!), the ruling will have far broader ramifications for many professions, including how the practice of law is regulated.

In North Carolina State Board of Dental Examiners v. Federal Trade Commission, the Supreme Court upheld the FTC’s ruling that the Dental Examiners violated antitrust laws when they sent dozens of ‘cease and desist’ letters to teeth whiteners, claiming that they were engaged in the ‘unauthorized practice of dentistry.’ The letters and other strong-arm tactics worked – dentists in North Carolina established a monopoly over teeth-whitening services until the FTC intervened.

The Dental Examiners monopolistic campaign was modeled after a similar, if less successful, campaign engaged by the North Carolina State Bar.

The Supreme Court’s decision will have broad positive effects throughout the country. The Court’s ruling recognizes that letting professionals enforce their own monopolies creates a ‘real danger’ that they will act to further their ‘own interests,’ rather than the public interest. These practices increase prices to the detriment of consumers while decreasing consumer choice. The Court recognized that the problem is far worse when the boundaries of the state-granted monopoly are not ‘clearly articulated and affirmatively expressed as state policy,’ and the professionals are given the power to decide what is the ‘unauthorized practice’ of their profession.

This lack of clarity is not uncommon. For example, Rhode Island opens the door to this defining the unauthorized practice of law as the ‘doing of any act for another person usually done by attorneys at law in the course of their profession.’ They list a few examples, ‘without limiting the generality of the definitions.’

The active supervision concept is important. While the requirement is ‘flexible and context-dependent,’ the Court made clear that the ‘supervisor must review the substance of the anticompetitive decision, not merely the procedures followed to produce it.’ The supervisor cannot be a market participant and needs to have the power to veto or modify decisions. This will require significant interaction.

Regulating the practice of law is the classic example of active market participants protecting their monopoly. In its amicus brief, the NCSB states that its authority is vested in the State Bar Council, 65 of whose 68 members are lawyers.

The threat this poses is not idle. . . .

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Three States Consider Non-Lawyers’ Limited License and Registration Programs.

05 Thursday Mar 2015

Posted by Celia C. Elwell, RP in Lawyer Supervision, Limited License Legal Technician Program, Paralegals/Legal Assistants, Regulation

≈ Comments Off on Three States Consider Non-Lawyers’ Limited License and Registration Programs.

Tags

National Federation of Paralegal Association’s Paralegal Core Competency Exam, New York Committee on Nonlawyers, Non-Lawyer Registration, Oregon Task Force, Washington Limited License Technician

Three Notable Updates on Non-Lawyers Providing Legal Assistance, by Robert Ambrogi, Law Sites Blog (with hat tip to William Statsky!)

http://blog.oregonlegalresearch.com/2015/03/non-lawyer-legal-assistance-limited-license-legal-technicians-oregon.html

 

In the January 2015 issue of the ABA Journal, I had an article about Washington state’s limited license legal technician (LLLT) program, which will formally license non-lawyers to deliver legal services in limited circumstances independently, without a lawyer’s supervision. The article also discussed New York’s program of court navigators and reported on other states considering programs similar to Washington’s, including California and Oregon. Since that article came out, there have been three notable developments.

Oregon Task Force Calls for Legal Technicians

In the ABA Journal piece, I noted that the Oregon State Bar had convened a Task Force on limited license legal technicians in 2013 and that its final report was expected soon. On Feb. 13, the Task Force issued its report. In it, the Task Force recommended to the OSB’s board of governors ‘that is consider the general concept of a limited license for legal technicians as one component of the BOG’s overall strategy for increasing access to justice.’ The report noted that a large majority of the Task Force members — but not all of them — concurred in the recommendation.

Should the Board decide to proceed with this concept, the Task Force recommends a new Board or Task Force be established to develop the detailed framework of the program. For the reasons set out herein, the BOG should review the recently established Washington State Bar Association LLLT program and consider it as a potential model.

The report praised the Washington LLLT program as ‘comprehensive and well thought-out’ and urged the OSB, should it decide to proceed with a legal technician program, to ‘review, consider and learn from Washington’s program.’

The Task Force further recommended that the first area to be licensed be family law, including guardianship. . . .

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Non-Lawyers Practicing Law? Washington’s Limited License Legal Technician.

28 Wednesday Jan 2015

Posted by Celia C. Elwell, RP in Limited License Legal Technician Program, Paralegals/Legal Assistants, Regulation, Unauthorized Practice of Law

≈ Comments Off on Non-Lawyers Practicing Law? Washington’s Limited License Legal Technician.

Tags

Access To Justice Gap, Law Sites Blog, Legal Technicians, Limited License Legal Technician Program, Non-Lawyers, Robert Ambrogi

Debating The Pros and Cons of Non-Lawyers Practicing Law, by Robert Ambrogi, Law Sites Blog

http://www.lawsitesblog.com/2015/01/pros-cons-non-lawyers-practicing-law.html

As I noted here recently, I have an article in the current issue of the ABA Journal about the use of non-lawyers to help close the access to justice gap by allowing them to provide legal advice in limited circumstances. A particular focus of the article is Washington state’s limited license legal technician (LLLT) program.

The article prompted two posts last week at Above the Law that considered the pros and cons of allowing non-lawyers to practice law.

In the first, Can Nonlawyers Close The Access-To-Justice Gap?, Sam Wright, a ‘dyed-in-the-wool, bleeding-heart public interest lawyer,’ couldn’t quite decide how he feels about the idea. ‘It’s easy to see how this could be a win for low- and middle-income people who currently find themselves floundering in the access-to-justice gap,’ he writes. But then he goes on to say that it is ‘also easy to see how this could be a blow to the present-day legal profession with its hordes of underemployed lawyers’ and that it is ‘also easy to see how programs like Washington’s could do a poor job closing the access-to-justice gap.’ Wright’s bottom line is to take a wait-and-see position: ‘Regardless, the LLLT program is an interesting approach to a real problem, and I’ll be watching to see what comes of it.’

From everything I’ve learned about this issue, it is clear to me that this is not about displacing lawyers. The magnitude of the A2J gap is so enormous that lawyers can never close it alone. There could never be a sufficient level of pro bono or reduced-fee services to meet the needs. Study upon study has concluded that 80 to 90 percent of low and moderate income people with legal problems are unable to obtain legal representation. That is an enormous problem.

You may have noticed that, even with a glut of lawyers, the problem isn’t getting fixed. . . .

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NFPA Paralegal Informal Ethics and Disciplinary Opinions and Articles.

04 Saturday Oct 2014

Posted by Celia C. Elwell, RP in Ethics, Lawyer Supervision, Paralegals/Legal Assistants, Unauthorized Practice of Law

≈ Comments Off on NFPA Paralegal Informal Ethics and Disciplinary Opinions and Articles.

Tags

Ethics Opinions, National Federation of Paralegal Associations, NFPA, Paralegal Ethics

Positions and Issues – Ethics, National Federation of Paralegal Associations

http://www.paralegals.org/default.asp?page=31

At this link, you will find documents and articles on paralegal ethics written by members of NFPA and NFPA Informal Ethics and Disciplinary Opinions.

NFPA is not the only national paralegal association to have an ethical code or to public ethics and disciplinary opinions. Also, be advised that those states that have regulated paralegals likewise have ethical requirements. Paralegals are also obligated to follow state ethical rules for lawyers in the states in which they work. Ethical rules and opinions published by the American Bar Association are advisory, not mandatory, on both lawyers and legal support staff.

Therese Cannon and Deborah Orlik have both written excellent books on paralegal ethics. I highly recommend each. If you are researching what ethical guidelines for non-lawyers, your research should include all ethical rules and guidelines that have been set by national and your state paralegal associations, as well as your state bar association.

Ethics for non-lawyer support staff may sometimes have indistinct, grey lines. If you are smart, you will take a step back when you see them. When it comes to ethical considerations, it is always best to proceed slowly or not at all. If you must err, then choose to err with caution. I strongly urge you to back away from anything that might give the appearance of impropriety or a breach of ethics. -CCE

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