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ETHICS

Published on Nov 20, 2015

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PRESENTATION OUTLINE

1.

ETHICS

2.

who regulates lawyers?

  • Bar Associations
  • Maryland Court of Appeals
  • State Legislature
  • U.S. Supreme Court
Maryland State Bar Association:

http://www.msba.org/

Maryland Court of Appeals is the highest court in the state:

http://www.courts.state.md.us/coappeals/

Maryland Senate: Judicial Proceedings Committee:

http://msa.maryland.gov/msa/mdmanual/05sen/html/com/05judp.html

Maryland House of Delegates: Judiciary Committee:

http://msa.maryland.gov/msa/mdmanual/06hse/html/com/05judf.html

Bar Admissions at the U.S. Supreme Court:

http://www.supremecourt.gov/bar/baradmissions.aspx
3.

Licensing

  • ABA-Approved Law School
  • Pass Bar Examination
  • Background Investigation
  • MD has rules governing bar admission
Rules for admission to the Maryland Bar:

http://www.courts.state.md.us/ble/pdfs/baradmissionrules.pdf
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4.

ETHICAL CODES

  • Model Code of Professional Responsibility
  • Model Rules of Professional Conduct
ABA's Model Rules:

http://www.americanbar.org/groups/professional_responsibility/publications/...

Maryland Lawyers' Rules of Professional Conduct:


http://www.law.cornell.edu/ethics/md/code/MD_CODE.HTM
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5.

SANCTIONS

  • Reprimand
  • Suspension
  • Disbarment
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6.

Duty of competence

  • Inadequate research
  • Missed deadllines
  • Document errors
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7.

Confidentiality

Keep all info relating to client representation confidential
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8.

Confidentiality exceptions

  • Client gives informed consent
  • Implied consent - allows paralegals to work
  • Preventing future harm - death, bodily harm, financial
  • Ensure compliance with model rules
  • Client's suit or compliance with court order
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9.

Ways to protect

  • Don't talk about cases in open areas
  • Don't blab on mobile everywhere
  • Don't leave case files sitting around
  • Use care with electronic communications 
10.

Attorney-client privilege

Any communications concerning a client's legal rights or problems
11.

Attorney-Client Privilege

  • Arises the moment a potential client communicates with atty
  • The client holds the privilege
  • Only the client can waive the privilege
  • Lasts indefinitely
12.

work product Doctrine

  • Info on legal strategy protected
  • Legal theories atty plans to use
Photo by gwilmore (I HATE THE NEW LAYOUT!)
13.

cONFLICTS OF INTEREST

  • Representing one client injures interests of another client
  • Ability to represent materially limited due to other duties
  • Can't represent two adverse parties in a legal case
  • Representing two adverse parties requires informed consent
  • Conflicts concerning interests of former clients
14.

CONFLICTS OF INTEREST

  • Use of ethical walls/walling off
  • Gifts from clients - will situations
  • Issue conflicts between clients' positions
  • Family members representing opposing parites
  • Owning stock in company represented by firm
15.

Indirect regulation of paralegals

  • Model rules for attorneys
  • Paralegal ethical codes
  • NFPA
  • NALA
  • No state-imposed sanctions
NFPA Model Code of Ethics and Professional Responsibility:

http://www.paralegals.org/associations/2270/files/modelcode.html

NALA Code of Ethics and Professional Responsibility:

http://www.nala.org/code.aspx

NALA Model Standards and Guidelines for Utilization of Paralegals

http://www.nala.org/model.aspx
16.

SUPERVISON

IS KEY
17.

pARALEGALS CAN

  • Interview clients and witnesses
  • Investigate legal claims
  • Conduct legal research
  • Prepare legal documents
  • Communicate with clientsPa
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18.

Md lawyers' rules rule 5.5 - UPL

  • Hallmon, 343 MD 390 (1996): Paralegals can't
  • Give legal advice
  • Accept cases
  • Set fees
  • Appear in court, exceptions: SSA
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19.

Paralegals can't

  • Plan strategy
  • Make legal decisions
  • Chart direction of case
Photo by Leo Reynolds
20.

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Andrew Gordon