Chapter 6:Chapter 6:

Law Office EthicsLaw Office EthicsAmerican Bar Association Rules of American Bar Association Rules of EthicsEthicsRelated considerationsRelated considerations

§6.1 - §6.3 §6.1 - §6.3 EthicsEthics

EthicsEthics = = Professional Standards of ConductProfessional Standards of Conduct

ABA Rules of EthicsABA Rules of Ethics Applicable only to attorneysApplicable only to attorneys

Attorneys are responsible for actions of Attorneys are responsible for actions of paralegals and staff membersparalegals and staff members

American Bar AssociationAmerican Bar AssociationRules of EthicsRules of Ethics

1. Compentence1. Compentence 2. 2. Diligence/Unwarranted DelayDiligence/Unwarranted Delay

Act/Respond promptlyAct/Respond promptly 3. 3. FeesFees

Must be “reasonable”Must be “reasonable” 4. 4. Crime or Fraud by AttorneyCrime or Fraud by Attorney 5. 5. Crime or Fraud by ClientCrime or Fraud by Client

May not counsel client to engage in fraudMay not counsel client to engage in fraud 6. 6. Frivolous Legal PositionsFrivolous Legal Positions 7. 7. Safekeeping PropertySafekeeping Property

ABA Rules of EthicsABA Rules of Ethics, Continued, Continued

8. 8. False Statements/Failure to DiscloseFalse Statements/Failure to Disclose Attorneys may not make false statementsAttorneys may not make false statements

9. 9. WithdrawalWithdrawal Attorney must ask court permissionAttorney must ask court permission

10. 10. Confidentiality of InformationConfidentiality of InformationApplies to Legal Staff:Applies to Legal Staff:

Attorney/Client PrivilegeAttorney/Client Privilege Attorney Work ProductAttorney Work Product Inadvertent Disclosure of Confidential InformationInadvertent Disclosure of Confidential Information

ABA Rules of EthicsABA Rules of Ethics, Continued, Continued

11. 11. Conflict of InterestConflict of InterestAttorneys shouldAttorneys should NOTNOT::

Engage in business transactions w/ clientEngage in business transactions w/ client Engage in sex w/ clientEngage in sex w/ client Take a case in which attorney has biasTake a case in which attorney has bias Engage in multiple representationEngage in multiple representation Take a case involving former clientTake a case involving former client Violate “Chinese Wall” (Conflicts Check)Violate “Chinese Wall” (Conflicts Check)

ABA Rules of EthicsABA Rules of Ethics, Continued, Continued

12. 12. Communication with the Other SideCommunication with the Other Side When other side is represented by counselWhen other side is represented by counsel

13. 13. SolicitationSolicitation 14. 14. AdvertisingAdvertising

Cannot be misleadingCannot be misleading 15. 15. Reporting Professional MisconductReporting Professional Misconduct

By other attorneysBy other attorneys 16. 16. Appearance of ImproprietyAppearance of Impropriety

Is to be avoidedIs to be avoided 17. 17. Unauthorized Practice of LawUnauthorized Practice of Law 18. 18. Paralegals, Secretaries/Other Legal StaffParalegals, Secretaries/Other Legal Staff

§6.4 - §6.5 §6.4 - §6.5 Paralegal DONT’SParalegal DONT’S

Legal AdviceLegal Advice:: Don’t express a legal opinion Don’t express a legal opinion Don’t apply the lawDon’t apply the law

Legal RepresentationLegal Representation Don’t represent another in a COURTDon’t represent another in a COURT

ExceptionsExceptions: Some small claims courts or : Some small claims courts or administrative agenciesadministrative agencies

ASK FIRST!!ASK FIRST!!

§6.7 §6.7 The Five Keys to SuccessThe Five Keys to Successthe 1the 1stst Year Year

Be the Be the first personfirst person in the office in the office Ask, Ask, “Is what I’m doing billable?”“Is what I’m doing billable?”

Make yourself valuableMake yourself valuable Look for workLook for work, if slow, if slow

Show initiativeShow initiative Be willing to Be willing to work late/skip breakswork late/skip breaks Take responsibilityTake responsibility

Learn from your mistakesLearn from your mistakes

§6.8 §6.8 Five KeysFive Keysto Paralegal Ethicsto Paralegal Ethics

1. 1. Don’t discuss client mattersDon’t discuss client matters 2. 2. Don’t pad time sheetsDon’t pad time sheets 3. 3. Don’t cover up mistakesDon’t cover up mistakes 4. 4. Don’t act unethicallyDon’t act unethically

Even if asked to do soEven if asked to do so

5. 5. Live up to YOUR standardsLive up to YOUR standards

§6.9 §6.9 Five Critical TraitsFive Critical Traitsfor a Paralegalfor a Paralegal

1. Be positive, polite & considerate1. Be positive, polite & considerate 2. Be an advocate2. Be an advocate 3. Be persistent, patient & flexible3. Be persistent, patient & flexible 4. Be confident & dependable4. Be confident & dependable 5. Be communicative with att. & 5. Be communicative with att. &

staffstaff

§6.10 §6.10 Five Important Five Important Paralegal SkillsParalegal Skills

1. 1. Organizational skillsOrganizational skills 2. 2. Ability to manipulate formsAbility to manipulate forms

Don’t recreate the wheelDon’t recreate the wheel Tailor documents to YOUR clientTailor documents to YOUR client

3. 3. Legal ResearchLegal Research Be thoroughBe thorough

4. 4. Be a self-starterBe a self-starter Take the initiativeTake the initiative

5. 5. Analyze!!Analyze!!

§6.11 §6.11 Five KeysFive Keysto Getting Along with Your Attorneyto Getting Along with Your Attorney

1. 1. Don’t assume s/he knows everythingDon’t assume s/he knows everything 2. Most attorneys are ethical2. Most attorneys are ethical 3. Provide suggestions, not advice3. Provide suggestions, not advice 4. Write down and repeat assignments4. Write down and repeat assignments 5. Ask the attorney to prioritize tasks5. Ask the attorney to prioritize tasks

§6.12 §6.12 Five Keys Five Keys to Failing Your First Yearto Failing Your First Year

1. Getting involved in office politics1. Getting involved in office politics Stay neutralStay neutral

2. Being obsessed with money2. Being obsessed with money 3. Being consistently late for work3. Being consistently late for work 4. Not being a “team player”4. Not being a “team player” 5. Being a “professional coward”5. Being a “professional coward”