Chat with AIExam 4: Ethics and Professional Responsibility
An attorney should not represent a client if doing so would be directly adverse to another client due to the rule of
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Describe the entities that have adopted guidelines for the utilization of paralegals and, briefly, the content of their guidelines.
(25) VerifiedThe NALA, the ABA, and many of the states have adopted guidelines for the utilization of paralegal services. These guidelines were created in response to questions concerning the role and function of paralegals within the legal arena that had arisen in earlier years, including the following: What are paralegals? What kinds of tasks do they perform? What are their professional responsibilities? How can attorneys best utilize paralegal services? What responsibilities should attorneys assume with respect to their assistants' work?
The NALA's Model Standards and Guidelines for the Utilization of Paralegals provides guidance on several important issues. It begins by listing the minimum qualifications that legal assistants should have and then, in a series of guidelines, indicates what paralegals may and may not do. The ABA's Model Guidelines for the Utilization of Paralegal Services indicates, among other things, the types of tasks that a lawyer may not delegate to a paralegal and, generally, the responsibilities of attorneys with respect to paralegal performance and compensation.
Most states have adopted some form of guidelines concerning the use of legal assistants by attorneys, the respective responsibilities of attorneys and legal assistants in performing legal work, the types of tasks paralegals may perform, and other ethically challenging areas of legal practice. Although the guidelines of some states reflect the influence of the NALA standards and guidelines, the state guidelines focus largely on state statutory definitions of the practice of law, state codes of ethics regulating the responsibilities of attorneys, and state court decisions.
Paralegals should be sure to become familiar with their state's guidelines.
Paralegals must disclose their status as__________ at the outset of any professional relationship with a client, other attorneys, a court or administrative agency, or members of the general public.
(41) Statutes prohibiting the unauthorized practice of law apply to
(21) Under________ law, one who is injured by another's wrongful or careless act can bring a civil lawsuit against the wrongdoer for damages.
(32) If the___________ rule is violated, information that otherwise might have been protected by the
Attorney-client privilege can be used in court, which may be harmful to the client's interests.
(32) To violate a legal duty by an act or a failure to act is called
(29) In many states, the ultimate regulatory authority is the state
(39) ________are involved in determining what rules should govern attorneys.
(33) Mrs. Topp contacts your supervising attorney about representing her in a divorce case. She ultimately decides that she does not want to divorce Mr. Topp and does not hire your supervising attorney. You then mention to a friend that Mrs. Topp was considering a divorce, but has decided against it. You are
(33) Mrs. Jones comes to attorney Nelson's office and asks him to represent her in a divorce. Before leaving the office, Mrs. Jones tells attorney Nelson that if her husband calls to find out if she is divorcing him, attorney Nelson is to "go ahead and tell him that she is." This is an example of which of the following?
(31) State bar examinations test knowledge of which of the following?
(41) What ethical codes and rules regulate the conduct of attorneys, and what are their origins?
(39) Which of the following might prevent a prospective attorney from being permitted to practice law?
(32) The NALA's Model Standards and Guidelines for the Utilization of Paralegals
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