Ethics Of Paralegal Chapter 2

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SugaBear
ID:
164326
Filename:
Ethics Of Paralegal Chapter 2
Updated:
2012-07-29 03:20:08
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Paralegal Ethics Terms
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Description:
Part 1: The Practice of Law. Chapter 2: The unauthorized Practice of Law.
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  1. Substantive legal tasks
    Duties that take legal analysis and application of      specialized knowledge, as opposed to clerical jobs.
  2. Unauthorized practice of law (UPL)
    Practicing law without proper authorization to do so.
  3. Gatekeeping function
    A restriction of entry into a profession to ensure that certain standards are met prior to admission. It serves to protect both the professionals inside and the public at large against unqualified persons performing the tasks associated with that profession.
  4. Acquisition of clients
    The approaching of people in need of legalservices and the obtaining of their consent to represent them in a legal matter; this may be done only by an attorney.
  5. Attorney-client relationship
    The legal relationship established between attorney and client. This relationship has many protective and confidential aspects and is unique in the legal context.
  6. Fiduciary relationship
    A relationship based on close personal trust that one party is looking out for the other’s best interests.
  7. Legal advice
    Generally, the provision of guidance regarding the meaning or application of the law or the rendering of an opinion on the possible outcome of a legal matter.
  8. Legal documents
    Papers that are filed in furtherance of a court action or secure a legal right or grant legal recourse to a party.
  9. Freelance paralegal
    A paralegal in business for him- or herself who contracts with an attorney or law firm to perform specific tasks for a designated fee.
  10. Independent paralegals and Legal document preparer (LDPs):
    Legal professionals who offer their services directly to the public. LDPs generally restrict their activities to assistingin preparing legal forms based upon the information obtained from their clients; they do not and cannot render legal advice or represent their clientsin legal matters. In jurisdictions where there aren’t separate formal designations for the profession of LDP, they are generically called “independent paralegals (LDPs).”
  11. Management of the law practice
    Oversight of the purely business aspects of the law firm, as well as ensuring that the protocols conform to the ethical requirements placed upon the attorneys and support staff.
  12. Paralegal manager
    A position in a law firm usually held by a paralegal who generally recruits, interviews, and hires new paralegals and helps to train them.
  13. Representation in court
    The right to speak and be heard by the court in a legal matter; a duly licensed attorney is the only person, other than the defendant or plaintiff, who is acknowledged to have this right.
  14. Negotiation and settlement
    The alternative means to terminate a legal matter rather than full trial on the merits. As the settlement has the same force as a final adjudication, an attorney must perform the tasks associated with it.
  15. Multijurisdictional practice
    The practice if law by an attorney outside the state in which that attorney was originally licensed, because the clients’interests are interstate or national in scale.

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