Paralegal (defined by NALA)
A person qualified by education, training, or work experience who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible.
Legal Assistant
Term used prior to paralegal.
NALA Guideline 1
Disclose their status as paralegals, preserve confidences & secrets of all clients, understand the attorney’s Rules of Professional Responsibility & these Guidelines.
NALA Guideline 2
Can’t establish attorney-client relationships; set legal fees; give legal advice or opinions; or represent a client before court, unless authorized to do so by said court; nor engage in, encourage, or contribute to any act which could constitute the unauthorized practice law.
NALA Guideline 3
Paralegals may perform services for an attorney in the representation of a client if the services don’t require exercise of independent professional legal judgment, the attorney maintains direct relationship w/client, the attorney supervises paralegal & remains professionally responsible for all work on behalf of the client.
NALA 4 Guideline
When supervising a paralegal- train the paralegal, monitoring their work, provide continuing education & encouraging & supporting membership & active participation in professional organizations.
NALA 5 Guideline
With supervision & unless otherwise not allowed to do so, paralegals may perform any function delegated by an attorney.
Canon of Ethics 1
Must not act which could constitute unauthorized practice of law, establish attorney- client relationships, set fees, give legal opinions or advice, or represent a client before a court unless otherwise authorized to do so by said court.
Canon of Ethics 2
Must not perform any of the duties that attorneys only may perform or take any actions that attorneys may not take.
Canon of Ethics 3
May perform any task delegated & supervised by an attorney, as long as the attorney is ultimately responsible to the client, maintains client relationship & assumes professional responsibility for the work product.
Canon of Ethics 4
Must use discretion & professional judgment commensurate w/knowledge & experience but must not render independent legal judgment in place of an attorney.
Canon of Ethics 5
Must disclose his/her status & must act prudently in determining the extent to which a client may be assisted without the presence of an attorney.
Canon of Ethics 6
Must strive to maintain integrity & a high degree of competency through education & training w/respect to professional responsibility, local rules & practice, & through continuing education in substantive areas of law to better assist the legal profession in fulfilling its duty to provide legal service.
Canon of Ethics 7
Must protect the confidences of a client & must not violate any rule or statute now in effect or hereafter enacted controlling the doctrine of priveleged communications between a client & an attorney.
Canon of Ethics 8
Must disclose to his/her employer or potential employer any pre-existing client or personal relationship that may conflict with the interests of the employer or prospective employer and/or their clients.
Canon of Ethics 9
Must do all other things incidental, necessary, or expedient for the attainment of the ethics and responsibilities as defined by statute or rule of court.
Canon of Ethics 10
Conduct is guided by bar associations’ codes of professional responsibility and rules of professional conduct.
ABA Guideline 1
Lawyer is responsible for all professional actions of a paralegal & should ensure that their conduct is consistent with lawyer’s obligations under the rules of professional conduct of the jurisdiction in which the lawyer practices.
ABA Guideline 2
If lawyer maintains responsibility for the work product, they may allow a paralegal to take on any task normally performed by the lawyer except those tasks proscribed to a nonlawyer.
ABA Guideline 3
Lawyer can’t delegate paralegal to establish attorney-client relationship, establish legal fees or to render legal advice to a client.
ABA Guideline 4
Lawyer is responsible to ensure that clients, courts, & other lawyers are aware that a paralegal isn’t licensed to practice law.
ABA Guideline 5
Lawyer may identify paralegals by name & title on the lawyer’s letterhead & on business cards identifying the lawyer’s firm.
ABA Guideline 6
Lawyer is responsible to ensure that all client confidences are preserved by a paralegal.
ABA Guideline 7
A lawyer is responsible to prevent conflicts of interest resulting from a paralegal’s other employment or interests.
