Regulation of Attorneys
The highest court of each state, using authority delegated by the Legislature, following the advice of the State Bar Association.
Who regulates attorney?
The most serious form of discipline for failure to follow the ethical rules binding an attorney.
What is disbarment?
The fundamental obligation that Attorneys (and their paralegals) provide able representation.
What is the Duty of Competence
True or false: All communications with an attorney are confidential
What is false.
The rule that prevents paralegals from being partners in a law firm, or receiving a referral fee
Prohibition of Fee Splitting with non-Attorneys
Bar Associations
What is the professional group of attorneys that proposes regulations to the State Supreme Court
The mildest sanction for attorney misconduct
What is a reprimand?
Failure to keep accurate track of due dates for various documents and court appearances can result in an inadvertent breach of the duty of competence through these.
What are missed deadlines?
True or false: All communications with an attorney are privileged
What is false
This action goes to the essence of legal practice. Usually seen as the reason clients seek out attorneys, and paralegal may not provide it independently.
What is legal advice?
The Regulator that works with Bar Associations, and imposes conditions for admission to practice law
What is the State Supreme Court
Suspension from practice requires that an admitted attorney refrain from practice for a specified period of time (usually six months or a year)
What is an intermediate sanction for attorney misconduct?
Including incorrect information in a court filing may sometimes result in a breach of the duty of competence because of these
What are errors in documents?
1. A communication
2. Between privilege persons
3. That is confidential
4. Made for the purpose of obtaining legal advice or counsel
What are the elements of communication covered by the Attorney/Client privilege
Typically only attorneys may do it, but there are several exceptions for particular administrative agencies.
What is represent clients in court
The regulator that passes laws affecting attorneys - such as statutes prohibiting the unauthorized practice of law
What is The State Legislature
When an Attorney's unethical conduct causes his client to suffer losses, and civil liability is imposed on the attorney
What is malpractice?
failure to discover a relevant fact, or failure to uncover relevant case law or statutes can result in a breach of the duty of competence through this.
What is inadequate research?
1. The Client gives informed consent
2. the communication is necessary to properly represent the client
3. To prevent possible death or substantial bodily harm
4. To defend against a client's legal action
What are some of the exceptions to the confidentiality rule
Florida, California, and Louisiana
What are states with mandatory paralegal registration programs?
The basic requirements for admission to practice law.
What are: a) graduation from an accredited Law School, b) passage of the bar exam and c) an extensive personal background check.
Issued by the American Bar Association, and revised in 1983, this represented a major update from the Model Code of Professional Responsibility
What is the Model Rules of Professional Conduct
Materials representing an attorney's impressions or thoughts or analysis of witness testimony or legal strategy, or theory of the case, which are protected from disclosure
What is attorney work product
This national organization for paralegals as its official position on the regulation of paralegals is in favor of state by state regulation.
What is the National Federal of Paralegal Associations