Lawyer and Paralegal Conduct Rules
A paralegal may provide a client with important information or legal advice, provided the client understands that the information will be provided under the direction of the lawyer. And the opposite is certainly true: if a client asks for advice or information that requires professional legal judgment, the paralegal may offer to refer the matter to the lawyer. [11] To the extent that lawyers fulfil the obligations of their professional profession, the possibility of state regulation is avoided. Self-regulation also helps to preserve the independence of the legal profession from state domination. An independent legal profession is an important force in maintaining government under the law, as abuse of legal power is more easily challenged by a profession whose members do not depend on the government to exercise the right to practice. Lawyers need to know the answer to the question “What can paralegals do?” In this sense, qualified paralegals can provide valuable support to a law firm. Under the supervision of a licensed lawyer, paralegals can work on a variety of legal tasks that a lawyer would otherwise do. This includes filling out legal documents, facilitating communication between lawyer and client, and conducting legal research – giving the lawyer more time to focus on billable hours, legal strategy, and law firm growth. In addition to supporting the day-to-day work of your law firm, what can paralegals do? Here`s the main benefit of paralegals to your law practice: they can help you save time.
This means you have more time for billable work, which increases your profitability. The more complicated aspect of the rule revolves more around paralegals who freelance and provide legal services that could inadvertently give the impression that they can represent them in court. This may result from a combination where the client is not aware of the limitations of the paralegal role and the paralegal makes the mistake of not clearly explaining these limitations to the client. If you offer legal services independently, it`s wise to make it one of the first things you talk about with your client. In fact, we recommend that you record it in writing. Consider using these legal technology tools to help your law firm and paralegals save time and be more efficient in legal research. Canon 4 – A paralegal must exercise discretion and professional judgment commensurate with his or her knowledge and experience, but must not make an independent legal judgment in place of a lawyer. The services of counsel are essential in the public interest when such a judicial judgment is required. But to ensure that an ethical relationship is maintained, a lawyer must provide a paralegal with proper supervision, training, appropriate duties, and perhaps most importantly, high standards. The reality is that most lawyers can benefit from the support. As the 2020 Legal Trends Report shows, the average lawyer spends only 2.5 hours a day on billable work. By assigning proper work to qualified paralegals, you save time to focus on billable work.
This means your business can operate more efficiently and you can offer your customers a more customer-centric experience. [3] In addition to these representational functions, a lawyer may act as a neutral third party, a non-representative role that assists the parties in resolving a dispute or other matter. Some of these rules apply directly to lawyers who act or have acted as independent third parties. See, for example, Rules 1.12 and 2.4. In addition, there are rules that apply to lawyers who do not practise law or to practising lawyers, even if they are acting in a non-professional capacity. For example, a lawyer who commits fraud in the management of a business is subject to disciplinary action if he engages in conduct that involves dishonesty, fraud, deception or misrepresentation. See Rule 8.4. Canon 8. A paralegal must maintain a high standard of ethical conduct and contribute to the integrity of the paralegal profession.
Lawyers spend years qualifying for legal advice. A paralegal may share legal advice from a lawyer or direct a client`s question to the lawyer himself. But when a paralegal gives legal advice or impersonates a lawyer in any way, he is said to be engaging in the unauthorized practice of the law. The paralegal profession is naturally closely linked to the legal profession. Although the Texas State Bar`s Code of Professional Responsibility does not directly regulate paralegals except through a supervising attorney, it is the responsibility of members of the Paralegal Division to be aware of the provisions of the Bar Code and to avoid any action that could implicate a lawyer in a violation of this Code or even the appearance of professional inadequacy. If you`re thinking about the question of “what can paralegals do,” preparing legal documents is probably an obvious answer. From creating notices of discovery and briefs to preparing documents for transactions, paralegals can be of great help in preparing legal documents on behalf of a lawyer. Even if almost no one working outside the field believes it, any paralegal will tell you that ethics is really the cornerstone of the law. [2] As a client representative, the lawyer performs a variety of functions.
As a consultant, a lawyer provides the client with a good understanding of their legal rights and obligations and explains their practical implications. As a lawyer, a lawyer eagerly asserts the client`s position according to the rules of the opposing system. As a negotiator, a lawyer strives to achieve an outcome that is beneficial to the client, but that meets the requirements of an honest relationship with others. As an evaluator, a lawyer acts by investigating a client`s legal affairs and reporting them to the client or others. This rule is generally not too difficult to follow, as most courts do not recognize a paralegal at all. And there are exceptions, because some administrative tribunals allow paralegals to represent clients in certain circumstances. [7] Many of a lawyer`s professional responsibilities are governed by the Code of Professional Conduct and substantive and procedural law. However, a lawyer is also guided by the personal conscience and approval of professional colleagues. A lawyer should strive to achieve the highest level of competence, to enhance the law and the legal profession, and to exemplify the ideals of the public service of the legal profession. Requests must be addressed in writing to the President of the Ethics Council (ethics@mnparalegals.org) and the Director of Positions & Questions (professionaldev@mnparalegals.org). Please include as much detail as possible, including the ethical rule or canon in question and any supporting documents.
All complaints to the Ethics Council remain confidential. [17] In addition, for the purposes of establishing the lawyer`s authority and liability, the principles of substantive law outside these Rules determine whether a client-lawyer relationship exists.