Category Archives: Ethics

Why Do Bad Clients Deserve The Best?

26 Monday Feb 2018

Posted by in Ethics, Legal Support Staff, Paralegals/Legal Assistants, Professionalism

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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

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

19 Sunday Jul 2015

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

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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

This Is So Wrong On So Many Levels.

03 Friday Apr 2015

Posted by in Ethics, Lawyer Supervision, Legal Ethics, Paralegals/Legal Assistants, Supervising Support Staff

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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 →

NFPA Paralegal Informal Ethics and Disciplinary Opinions and Articles.

04 Saturday Oct 2014

Posted by in Ethics, Lawyer Supervision, Paralegals/Legal Assistants, Unauthorized Practice of Law

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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

Oops – Non-Lawyers and the Unauthorized Practice of Law.

28 Sunday Sep 2014

Posted by in Ethics, Independent Paralegals, Lawyer Supervision, Paralegals/Legal Assistants, Unauthorized Practice of Law

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STAND And Deliver Legal Services, by Mike Frisch, Legal Profession Prof Blog

http://tinyurl.com/qjc6haw

There are certain things that paralegals, legal assistants, and any other non-lawyer legal professional cannot do.

  • We cannot appear in court on behalf of a client (when we’re not with our supervising attorney). Even then, we won’t be sauntering up to the judge’s bench to make argument or answer the Court’s questions).
  • And although I know some paralegals do this with their lawyer’s approval, we should not negotiate settlement on the client’s behalf. In these situations, my guess is that, the majority of the time, the client has no idea that the has delegated this task to a non-lawyers.
  • I’m going to go with faith that non-lawyers understand about client confidentiality.
    There are other things a non-lawyer cannot do, but the biggest is that we cannot give legal advice. If someone asks you a legal question, and you say, “I can’t give legal advice, but if I were you, I would . . . ,” that’s giving legal advice. The little signs you see next to discount shopping stores offering to do your divorce for a small fee are trying to sell legal advice. Even if you know the answer when a client asks you a question, the absolute best answer you can give is, “I don’t know – you’ll have to ask the lawyer.”

That brings us to this post. No doubt that the non-lawyer in this example had good intentions, and was trying to help. If you the non-lawyer in any situation, regardless of how much training or initials you have behind your name, you CANNOT GIVE LEGAL ADVICE.-CCE

Unauthorized practice decision of the Ohio Supreme Court is described by Kathleen Maloney:

A Lorain County non-lawyer and his corporation engaged in the unauthorized practice of law by providing legal advice to individuals facing criminal charges, according to an Ohio Supreme Court decision today.

The court directed King Ayettey Zubaidah and STAND, Inc., to stop practicing law and ordered them to pay a civil penalty of $20,000 for their involvement in four legal matters.

Zubaidah formed STAND (Striving Towards a New Day!) in 2008 after his experience with the justice system in the 1980s when he was convicted on a drug charge and sentenced to five years probation. STAND’s mission was ‘to help change the unfair and partial treatment against minorities in the judicial system.’

In each of the four cases brought before the Board on the Unauthorized Practice of Law (UPL), the defendant or a parent of the defendant asked for Zubaidah’s guidance during the criminal case and signed an agreement with STAND, which stated that the organization would assist them. No payment was required. Family members testified that Zubaidah did not claim to be an attorney and they knew he was not one.

In one matter, Isaiah Harris faced several charges in three different cases in 2008 involving the same victim. The court appointed a lawyer to represent him. Harris also signed an agreement with STAND.

The three cases were combined, and before Harris’ trial Zubaidah sent a letter to the judge indicating he had in-depth knowledge about the facts in the case and defending Harris’ actions.

In the midst of trial, Harris’ lawyer negotiated a plea deal for a four-year prison term. Zubaidah attended the trial, but his involvement was disputed. Harris’ lawyer claimed that Zubaidah advised Harris not to accept the deal. Harris rejected the offer and was later convicted and sentenced to 23 years, 6 months in prison.

In the other cases, Zubaidah sent letters to the judges asking for lower bonds, citing cases, and making legal arguments, though indicating that he was not an attorney.

In today’s per curiam opinion, the court noted that an individual who negotiates legal claims for another person and provides legal advice – even without charge and even when stating that he is not an attorney – is practicing law.

While a non-attorney who sends a character-reference letter for someone to a judge is not engaging in the unauthorized practice of law, the court stated that when a letter shifts to advocating specific legal positions for that person, the unauthorized practice of law occurs.

‘[D]espite the laudable desire to seek reform in the criminal system, such a desire cannot be realized by legally advising and advocating on behalf of a criminal defendant without violating our prohibition against the unauthorized practice of law,’ the opinion stated.

‘Zubaidah’s actions extended beyond the permissible conduct of endorsing a person’s character, advocating a social issue generally, advancing personal interests, or providing nonlegal advice to a family member. Despite Zubaidah’s good intentions and intermittent disclaimers, his conduct shows a pattern of advocating legal positions on behalf of defendants and providing legal advice to those defendants, leading to serious consequences for the STAND clients who trusted him.’

The court pointed out that Zubaidah held himself out as ‘an advocate with legal expertise,’ his agreements implied that he had specialized knowledge of the legal system, and his letters to judges ‘cited case law, raised legal issues, and asked for legal results.’ . . . [Emphasis added,]

Must Read Top Paralegal Blogs in 2014.

14 Sunday Sep 2014

Posted by in Education, Ethics, National Exams, Paralegals/Legal Assistants, Professional Organizations

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14 Blogs Paralegal Students Need to Read, by Jess Mansour Scherman, Ramussen College

(*Editor’s note: This article was originally published on Dec. 10, 2010. It has since been updated to reflect information relevant to 2014.)

 http://tinyurl.com/lbg5mtz

My sincere thanks to Ms. Scherman for including this blog in her list. -CCE

 You’ve likely discovered by now that there’s a lot that goes into keeping up with the pulse of a thriving career. From researching different paralegal programs to discovering leads for potential jobs—not to mention a host of obligations outside of your career like caring for your children and getting the bills paid on time—your slate probably feels pretty full right about now.

So how can you be sure to uncover the rest of that coveted industry info that you haven’t yet tapped into? Don’t worry—there are plenty of industry pros who have created an array of paralegal blogs with people like you in mind!

It can be difficult, though, to find what you’re looking for with thousands of paralegal blogs at your fingertips. To save you the trouble, we narrowed it down to a must-read list. So sit back and let some industry professionals teach you everything from résumé tips to how to locate that perfect paralegal job.

Let us introduce you to the 14 paralegal blogs you can’t miss in 2014….

State Bar of Texas Paralegal Division And Texas’ Board of Paralegal Specialization Program.

27 Sunday Jul 2014

Posted by in Education, Ethics, Paralegals/Legal Assistants, Professional Organizations

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State Bar of Texas Paralegal Division

https://txpd.org/

Not all state bar associations have a paralegal division. Texas Bar Association’s Paralegal Division was the first one in the United States created in 1981. Its website has lots of cool stuff, such as:

TBLS is pleased to announce the official launch of our new website specifically for the Paralegal Specialization program. This site is an informational, public-facing web site designed to promote the presence, and exclusive status, of the TBLS paralegal certification process. It also acts as an Intranet for the Board Certified Paralegal (BCP) community and Texas attorneys interested in specialized paralegal matters.

We have just concluded final stages of development and want you to have the first look this weekend of our new site at http://www.tbls-bcp.org. This is only the initial phase of the website with plans for more video, online member services and social media options. . . .

Beautiful Young, Dead Paralegal Found in Bathtub of Attorney Boss Who Has Possible Mob Connections.

17 Monday Feb 2014

Posted by in Criminal Law, Employment Law, Ethics, Grand Jury, Law Office Management, Legal Ethics, Management, Paralegals/Legal Assistants, Social Media, Supervising Support Staff, Using Social Media

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Paralegal’s Death In Boss/Boyfriend’s Bathtub Declared Accidental, by David Lat, Above the Law Blog

http://tinyurl.com/k6fafzo

 Last May, a 26-year-old paralegal by the name of Julia Papazian Law was found dead in the bathtub of her boss and boyfriend, prominent Philadelphia defense attorney A. Charles Peruto Jr. The news set tongues wagging in Philly. It had all the elements of a tabloid tale: a beautiful young woman, a wealthy and successful lawyer, and possible organized-crime connections. (Peruto has represented such prominent alleged Mob figures as Joey Merlino and Nicodemo Scarfo.) . . .

A grand jury was convened, conducted an investigation, and concluded there was no evidence that the paralegal’s death was anything but accidental. I saw no discussion or evidence of an investigation of any ethical or employment violations concerning the employer/employee relationship.

After the grand jury’s investigation, the paralegal’s boss used Facebook to reply to the District Attorney in a direct and explicit statement. -CCE  

http://tinyurl.com/lnbb9gh