راهنمای مختصر اخلاق دستیار حقوقی (Aspen Paralegal)

Clearly written, and replete with design elements that facilitate study and review, the Concise Guide to Paralegal Ethics provides succinct coverage that focuses on the professional paralegal. Perfect for use in shorter courses, or substantive courses with an ethics component, the Fifth Edition provides timely and thorough coverage of all major legal ethics topics. New to the Fifth Edition: Discussion of how the ethics of technology affects paralegals in matters of confidentiality and privilege, competence, conflicts of interest, and advertising Changes in legal practice that add to the responsibilities of paralegals Refreshed review questions, discussion questions, hypotheticals, and projects Professors and students will benefit from: Consistent emphasis on how the rules of ethics affect paralegals Authoritative writing in a well-organized format Helpful overviews in every chapter Italicized key terms with corresponding definitions in the margins Review questions, hypotheticals, discussion points, and projects Relevant ethics codes, conveniently located in the Appendix Teaching materials include: Instructor s Manual with Test Bank PowerPoint slides Front Matter 2 Title Page 3 Copyright Page 4 About Wolters Kluwer Legal & Regulatory U.S. 5 Dedication 6 Summary of Contents 7 Table of contents 8 Preface 14 1. Regulation of Lawyers and Paralegals 17 A. Regulation of Lawyers 17 1. State Courts and Bar Associations 17 2. American Bar Association 18 3. State Statutes, Ethics Opinions, and Case Law 19 4. Sanctions and Remedies for Lawyer Misconduct 19 B. Regulation of Paralegals 21 1. A Brief History of the Paralegal Profession 21 2. Direct Regulation of Paralegals: Certification andLicensing 22 Definitions of Terms 22 Regulation of Supervised Paralegals 23 The Regulation Debate 23 Nonlawyer Legal Service Providers 24 3. State Guidelines for the Utilization of Paralegal Services 25 4. Paralegal Association Codes of Ethics and Guidelines 26 5. Responsibility of Lawyers for Paralegal Conduct 26 Review Questions 27 Hypotheticals 27 Discussion Questions and Projects 28 Selected Cases 28 Selected References 29 2. Unauthorized Practice of Law 30 A. Brief History of the Unauthorized Practice of Law 30 B. Trends in the Unauthorized Practice of Law 31 1. Nonlawyer Legal Service Providers and Related Trends 31 2. Multijurisdictional Practice Issues 33 C. The Practice of Law Defined 33 D. The Attorney’s Responsibility to Prevent the Unauthorized Practice of Law 34 E. What Constitutes the Unauthorized Practice of Law 35 1. Making Court Appearances 35 Depositions 35 Pleadings 36 Exceptions 36 Administrative Agencies 37 2. Establishing the Attorney-Client Relationship 39 3. Giving Legal Advice 39 A Few Examples 40 Exceptions 41 Nonlawyer Legal Service Providers and Related Trends 42 F. Disclosure of Status as Paralegal and Job Titles 43 G. A Word about Paralegals as Independent Contractors 44 Review Questions 45 Hypotheticals 46 Discussion Questions and Projects 48 Selected Cases 49 Selected References 50 3. Confidentiality 51 A. The Principle of Confidentiality 51 B. Attorney-Client Privilege 51 1. Defined Generally 52 2. Disclosure of Privileged Information 52 3. Matters Not Covered by the Privilege 53 4. Inadvertent Disclosure of Privileged Material 53 5. Exceptions to and Waivers of the Privilege 55 6. The Privilege in the Corporate Setting 55 7. Court-Ordered Disclosure 56 C. The Work Product Rule 56 D. Ethics Rules of Confidentiality 57 E. Confidentiality and the Paralegal 58 1. Application of the Rule to Paralegals 58 2. Protecting Confidentiality in Daily Practice 59 3. Special Issues Relating to Technology 60 Review Questions 63 Hypotheticals 64 Discussion Questions and Projects 65 Selected Cases 66 Selected References 67 4. Conflicts of Interest 68 A. Introduction 68 B. Conflicts Involving Representation of Clients 70 1. Concurrent Representation 70 General Rules 70 Consents 70 Withdrawal to Avoid Conflicts 71 Imputed Disqualification in Concurrent Conflicts 71 Issue Conflicts and Other Indirect Concurrent Conflicts 71 Lawyer’s Professional Conflicts 72 Examples of Conflicts in Litigated Matters 72 Examples of Conflicts in Nonlitigated Matters 73 2. Successive Representation 73 General Rules 74 Defining “Substantial Relationship” 74 C. Other Conflicts Rules 75 1. Business Transactions with Clients 75 2. Publication, Literary, and Media Rights 76 3. Financial Assistance to Clients 76 4. A Lawyer’s Interest in Litigation 76 5. Gifts from Clients 77 6. Agreements with Clients Limiting Malpractice Liability 78 7. Payment of Attorney’s Fees by a Third Party 78 8. Relatives of Lawyers 79 9. Sexual Relations with Clients 79 D. Imputed Conflicts and Disqualification 80 1. General Rules 80 2. Use of Screens 81 E. Conflicts Checks 82 Review Questions 84 Hypotheticals 85 Discussion Questions and Projects 87 Selected Cases 88 Selected References 88 5. Advertising and Solicitation 90 A. Advertising 90 1. The Advent and Evolution of Lawyer Advertising 90 2. The Current Ethics Rules 92 3. Current Issues and Trends in Lawyer Advertising 93 B. Solicitation 97 Review Questions 98 Hypotheticals 99 Discussion Questions and Projects 100 Selected Cases 101 Selected References 102 6. Fees and Client Funds 103 A. Fee Arrangements with Clients 103 1. Fixed Fees 103 2. Contingency Fees 104 3. Hourly Fees 105 B. Ethics Rules about Fees 106 C. Fee Arrangements 109 D. Court-Awarded Fees 111 E. Fee-Splitting and Referral Fees 113 F. Partnerships between Lawyers and Nonlawyers 115 G. Client Funds and Property 115 1. Client Trust Accounts 115 Interest on Lawyers’ Trust Accounts and Client Security Funds 117 2. Client Property and Files 117 Review Questions 118 Hypotheticals 120 Discussion Questions and Projects 121 Selected Cases 123 Selected References 124 7. Competence 126 A. Introduction 126 B. Legal Education 127 C. Paralegal Education 127 D. A Definition of Competence 129 1. Knowledge 129 2. Professional Skills 130 3. Thoroughness and Preparation 130 4. Diligence and Promptness 131 5. Communication with Clients 131 E. Sanctions for Incompetence 131 F. Trends in Legal Malpractice 132 G. Factors Affecting Paralegal Competence 135 Review Questions 137 Hypotheticals 138 Discussion Questions and Projects 139 Selected Cases 141 Selected References 141 8. Special Issues in Advocacy 142 A. Introduction 142 B. Unmeritorious Claims, Delay, and Discovery Abuse 143 C. Disruption in the Courtroom and Disobeying Court Orders 146 D. Candor and Honesty 147 E. Relationships and Communications with Judges 149 F. Contact with Jurors 150 G. Contact with Parties and Represented Persons 151 H. Contact with Unrepresented Persons 151 I. Contact with Witnesses 152 J. Trial Publicity 153 K. Special Rules for Prosecutors 154 Review Questions 155 Hypotheticals 156 Discussion Questions and Projects 158 Selected Cases 160 Selected References 160 9. Professionalism and Special Issues for Paralegals 162 A. The State of Professionalism in the Legal Field 162 B. Professionalization of the Paralegal Occupation 166 1. Commitment to Public Service 168 2. Commitment to Education 168 3. Commitment to the Highest Standards of Ethical Conduct 168 4. Commitment to Excellence 168 5. Commitment to the Paralegal Profession 168 6. Commitment to a Strong Work Ethic 168 7. Commitment to Acting with Integrity and Honor 168 8. Commitment to the Development of the Whole Person 169 9. Commitment to Exercising Good Judgment, Common Sense, and Communication Skills 169 C. Current Issues in Professionalism 169 1. Regulation 169 2. Education 169 3. Utilization and Treatment 170 4. Exempt Status 170 5. Gender and Diversity 171 D. Pro Bono Work 172 Review Questions 173 Hypotheticals 174 Discussion Questions 174 Selected References 176 Appendices A: NALA Code of Ethics and Professional Responsibility 177 A. NALA Code of Ethics and Professional Responsibility 177 B. NFPA Model Code of Ethics and Professional Responsibility 179 Glossary 185 Index 190