6.1

What are Legal Ethics and Court Sanctions?

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INTRODUCTION

As you read about law office ethics, we encourage you to consider what kind of choice you would make when faced with some of the situations presented. Taking the ethical path is not always the easiest way, but it usually lends to long-term benefits.



Lecture Notes . . .

Ethics are the standards an attorney is expected to meet. These rules are delineated in the Rules of Ethics by the American Bar Association (ABA) and by each individual state within the court rules for that state.

Attorneys are often criticized for ethical breaches. One disturbing trend is that a high percentage of bar association punishment of attorneys deals with the lawyer's lack of supervision over paralegals. This means the paralegal has performed some task later determined to have been unethical.

It is impossible to say how many of these matters are valid cases of a paralegal acting inappropriately, and how many are simply the attorney trying to pass the buck and avoid taking responsibility for the unethical act.

In any case, as a paralegal you must avoid placing yourself in a position of acting unethically.

Identifying yourself as a paralegal
Attorneys are required to identify themselves to any interested parties, and this includes witnesses in a legal matter. Thus, a paralegal is also required to do so. In some cases, you may not be required to identify your specific client, but you still need to announce that you are a paralegal working for an attorney who is representing a client. You will need to clarify with the attorney whether it is appropriate to identify the client in the matter.



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