In 2001, NALA members also adopted the ABA`s definition of paralegal as follows: Canon 10 – The conduct of a paralegal is governed by the Law Society Associations` Codes of Professional Conduct and the Code of Professional Conduct. [4] In all professional functions, a lawyer must be competent, prompt and conscientious. A lawyer should maintain communication with a client about representation. A lawyer must keep information about a client`s representation confidential, unless disclosure is required or permitted by professional ethics or other laws. [12] The relative autonomy of the legal profession entails specific responsibilities for self-government. The profession has a responsibility to ensure that its rules are designed in the public interest and not to promote narrow-minded or self-serving concerns of the Bar Association. Each lawyer is responsible for compliance with the rules of professional conduct. A lawyer should also help ensure compliance by other lawyers. Neglect of these responsibilities undermines the independence of the profession and the public interest it serves.
Definition: Paralegals, also known as paralegals, are a separate group of people who help lawyers provide legal services. Through formal education, training and experience, paralegals have knowledge and expertise in the legal system and substantive and procedural law that enables them to perform legal work under the supervision of a lawyer. [18] Under various legal provisions, including constitutional, law and customary law, the responsibilities of prosecutors may include authority in legal matters normally vested in the client`s private client and lawyer relationship. For example, a lawyer from a government agency may be empowered on behalf of the government to decide on a regulation or to appeal an adverse judgment. These powers in various respects generally belong to the Attorney General and the Attorney of the state government and their federal counterparts, and the same may be true for other public servants. In addition, lawyers under the supervision of these officials may have the power to represent multiple government agencies in domestic legal controversies if a private lawyer cannot represent multiple retail clients. These rules do not invalidate such a power. [20] A breach of a rule should not, in and of itself, give rise to a cause of action against a lawyer, nor in such a case give rise to a presumption of breach of a legal duty. In addition, the violation of a rule does not necessarily justify another non-disciplinary remedy, such as the challenge of a lawyer in an ongoing dispute. These rules are intended to provide guidance to lawyers and to provide a structure for regulating the conduct of disciplinary authorities. They are not intended as a basis for civil liability. Moreover, the purpose of the rules may be undermined if they are invoked by opposing parties as procedural weapons.
The fact that a rule provides a fair basis for a lawyer`s self-assessment or for sanctioning a lawyer under the administration of a disciplinary authority does not mean that an antagonist in a ancillary proceeding or settlement has the power to request enforcement of the rule. However, because the rules set standards of conduct for lawyers, a lawyer`s violation of a rule may constitute evidence of a breach of the applicable standard of conduct. Kent Holland`s paper on professional standards of care is included here. Details include the language of the sample contract. Canon 8 – A paralegal must disclose to his or her employer or prospective employer any pre-existing relationship with a client or a personal relationship that may conflict with the interests of the employer or prospective employer and/or its clients. [8] The lawyer`s functions as a representative of clients, as an official of the legal system and as a citizen under public law are generally harmonious. Thus, if a counterparty is well represented, a lawyer may be a zealous lawyer on behalf of a client while assuming that justice will be served. Thus, a lawyer can also be sure that maintaining client trust generally serves the public interest, as people are more likely to seek legal advice and thus comply with their legal obligations if they know their communications will be private. [10] The legal profession is largely autonomous. While autonomous powers have also been granted to other professions, the legal profession is unique in this regard because of the close relationship between the profession and government and law enforcement processes.
This link is manifested in the fact that the ultimate authority over the legal profession is largely transferred to the courts. This chapter discusses the need to reconsider the boundaries between a lawyer`s duty to a client and the public interest. It also takes into account the danger that mere concentration on the ethical rules of the profession can lead to moral blindness: legal ethics and professional responsibility are more than a set of rules; They also constitute a commitment to honesty, integrity and service in the work of the law. Confidentiality, diligence and fidelity are the three duties that the stakes offer for a relatively succinct statement of the central rules of professional liability. The limits of legal zeal are shown. Bureaucratic rules and mechanisms are needed to assimilate and discipline different parts of the profession. A fundamental theme of this chapter was that the transition to clearer rules is not only inevitable but also desirable. In addition, legal ethics must be understood in the broader field of professional liability. [13] Lawyers play a crucial role in preserving society. To fulfill this role, lawyers must understand their relationship to our legal system. Rules of ethics, when properly applied, serve to define this relationship. [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. [6] As a citizen of public life, the lawyer should strive to improve the law, access to the legal system, the administration of justice and the quality of services provided by the legal profession. As a member of a scholarly profession, a lawyer should cultivate knowledge of the law beyond its benefits to clients, use that knowledge in legal reform, and work to strengthen legal education. In addition, a lawyer should promote public understanding and trust in the rule of law and the judicial system, as legal institutions in a constitutional democracy rely on popular participation and support to maintain their authority.
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