6.3

The ABA Rules of Ethics (Paraphrased)

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INTRODUCTION

The ABA Rules of Ethics are the standards the American Bar Association holds attorneys to. The ABA has no enforcement power over paralegals, but as we will see, the doctrine of respondeat superior makes an attorney liable for the acts of those working under his or her control and supervision.



Lecture Notes . . .

ABA Rules of Ethics
While these Rules do not apply directly to the paralegal, become familiar with them. They are the standard the attorney must meet, hence the paralegal should strive to follow these standards as well. Otherwise, as the manual states, the attorney could be punished (sanctioned) by the court for the paralegal's conduct.

Ethics are really common sense to a great degree. The hard part is deciding not to "stretch" your personal ethics. Once you compromise your ethics, it is a very slippery slope!
Here we will make just a few comments on the rules of ethics and how they effect a paralegal's job.

Diligence/Unwarranted Delay
Obviously, a paralegal can greatly assist an attorney by keeping files, communication, and court filings current. Additionally, keeping the attorney's calendar up to date and accurate will be essential.

Confidentiality of Information
The attorney/client privilege applies to the legal staff working under the attorney, but only if the work or communication is within the scope of the work of that employee's duties. Thus, there is no such thing as a "paralegal/client" privilege. The privilege a paralegal must rely on flows from the attorney/client relationship.

Conflict of Interest
These rules also apply to the staff of the attorney. Do not have relationships outside the workplace with a client (unless the relationship existed previous to the attorney/client relationship). If you have any knowledge or relationship with the opposing party or opposing counsel, you must make your attorney aware of the situation immediately so s/he may take the appropriate steps. These steps may include asking all parties to approve of your working on the case, or even withdrawing from representing the client all together.

Communication with the other side
Never contact the opposing party! Only communicate with the opposing counsel under specific direction of your attorney.

Unauthorized practice of law
This rule applies to attorneys who use legal staff to provide legal advice to clients. While a paralegal may relay information regarding an attorney's advice to a client, the paralegal may not make the decision or judgment regarding a client's legal liability or situation for him/herself. Paralegals may not administer their own legal advice.

Paralegals, Secretaries, and Other Legal Staff
Legal staff may do anything a lawyer may do except represent on behalf of another in court and give legal advice. Paralegals should also not ask questions at a deposition.



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Exercise

Exercise
Law Office Ethics