Details

Title: Ethics

Description: NFPA Code of Ethics

Total Flash Cards: 8

Created: 05/26/2011 12:38:36

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Cards in this set:

Term
High Level of Comptence
Definition

1. achieved through education, training, and work experience

 

2. minimum 12 hrs CLE, including 1 hr ethics, every 2 years

 

3. perform all assignments promptly and efficiently

Term

High Level of Personal and Professional Integrity

 

Definition

1. no exparte communications

2. no communication with a party represented by an atty

3. accurate timekeeping and billing records

4. no fraudulent billing practices - inflated hours, misrepresentation of tasks

5. scrupulous and honest in the maintenance and allocation of funds

6. Report nonconfidential knowledge of mishandling of client funds to the proper authoruty

 

Term
High Standard of Professional Conduct
Definition

1. Refrain from engaging in any conduct that offens the dignity and decorum of the court

2. Avoid impropriety of appearance of impropriety that would adversely affect her fitness to practice (violence, dishonesty, etc.)

3. If illness causes the improriety, the paralegal may be protected from sanction.

4. Report nonconfidential knowledge of another legal professional who demonstrates fraud, deceit, or dishonesty.

5. Not assist any individual with violating the Model Rules

6. If possesses knowledge of future criminal activity, that knowledge must be reported to the appropriate authority immediately.

Term
Serve the Public Interest by Contributing to the Improvement of the Legal System
Definition

1. Be sensitive to the legal needs of the public

2. Support efforts to improve legal system and assist in making changes

3. Participate in pro bono services 24hrs per year to assist attys for:

  • persons of limited means
  • charitable orgs designed to help persons of limited means
  • individuals or orgs seeking to protect civil rights, civil liberties, or public rights
Term
Preserve all Confidential Info During and After the Course of the Relationship
Definition

1. Abide by all legal authority governing confidential info

2. Do not use confidential info to the advantage of 3d parties or self

3. Only reveal confidential info:

  • after full disclosure and with client's written consent
  • when required by law or court
  • when necessary to prevent the client from committing an act that can result in death or serous bodily harm

4. Keep attys and other members of legal team fully informed of any confidential info pertaining to that client

5. Do not engage in any indiscreet communications concerning clients

Term

Avoid Conflicts of Interest

Diclose any Possible Conflicts of Interest to Employers and Clients (current and prospective)

Definition

1. Act within bounds of law for the client; be free of any compromising influences or loyalties; interest should not compromise judgment and loyalty to client

 

2. avoid conflicts that arise from previous assignments whether past or present employer

 

3. avoid conflicts that arise from family relationships and personal and business interests

 

4. Create and maintain effective record-keeping system that inditifies clients, matters, and parties which paralegal has worked for

 

5. Reveal sufficient nonconfidential info about a client or former client to reasonably ascertain an actual or potential conflict

 

6. Do not participate in any work where there is a conflict of interest

 

7. If conflict has been indetified and client consents to continued representation, implement and comply with Ethical Wall

Term
Paralegal's Title Shall be Fully Disclosed
Definition

1. Clearly indicate staus on all professional communications to avoid misunderstandings

2. Title must be included on busniess cards, letterheads, ads

3. Do not use letterhead, business cards to create false impression of status of ability to practice

4. Cannot practice under color of any record, diploma, or certificate that has been illegally obtained or misrepresentative

5. Not participate in creation, issuance, or dissemination of fraudulent records, diplomas, or certificates

 

Term
Not Engage in UPL
Definition
Comply with the applicable legal authority governing UPL in the jurisdiction in which the paralegal practices