Ethics : top ten rules for paralegals

著者

• Orlik, Deborah K.

書誌事項

Ethics : top ten rules for paralegals

Deborah K. Orlik

（Pearson Prentice Hall legal series）

Pearson Prentice Hall, c2006

注記

Includes bibliographical references and indexes

内容説明・目次

内容説明

Appropriate for courses in ethics for paralegals, legal assistants, or legal secretaries at the undergraduate level. Also appropriate as a supplement in an Introduction to Law course or an in-house training program. Top Ten Rules for Paralegals presents a straightforward upbeat approach to developing an understanding of professional responsibility in the field of law. Common everyday ethical issues in the real world of law are discussed in a conversational "plan English" style designed to make concepts more accessible and interesting for the student. Specifically designed for today's paralegal students, Top Ten Rules was written by a leading authority in field of paralegal ethics, Deborah Orlik. It is a distillation of over 20 years of legal study and practical use of the rules of professional responsibility as a paralegal. This is the author's sixth book on the subject, however, this book takes a different, less dry, approach to the subject. The author warns the students to be prepared to use their own morality to test their threshold of right and wrong while discussing the scenarios presented in the book. The object is to place the readers in a realistic workplace context involving an ethical issue and ask them to use their newly gained knowledge of the law and of their own morality to work through the problem. This course of study will give them an opportunity to explore their feelings and opinions and get them ready to deal with issues on the job. No one book can provide the answers to all ethical issues. But this text will give the student a starting place. By the end of this course of study they should be able to: 1) identify an ethical issue; 2) put it into a general category - one of the Top Ten rules; and 3) know where to start researching the answer to any ethical issue.

目次

Preface to Student Introduction Rule#1 - Have Integrity Why Start Here We're in Charge of Our Own Profession Report Violations - The Lawyer's Duty Report Violations - The Paralegal's Duty How Does This Apply to Me? Does It Really Apply to the Paralegal? The Threat of Disciplinary Action Who Are "the Proper Authorities"? Checklist for Reporting Unethical Behavior General and Miscellaneous Misconduct Prohibited General Misconduct and the Paralegal Sexual Relations with the Client Stress and Alcohol/Drug Abuse Sexual Harassment Proof of Unfit Character Rule #1 Wrap Up Rule #1 Review Questions Rule #2 - Preserve the Confidences and Secrets of the Client Keep the Client's Secrets What is "Confidential"? Attorney/Client Privilege is Different When is it Okay to Disclose Confidential Information? Some Stuff That Happens is Not Confidential One More Time: Attorney/Client Privilege is Different Work Product is Confidential and Privileged Technology & Confidentiality Client Files and Confidentiality Rule #2 Wrap Up Rule #2 Review Questions Rule #3 - Get and Stay Competent What the Codes and Rules Say About Competence Protection of the Public is the Goal Minimum Standards Professional Negligence Competence in a Specific Area Examples of Negligence Negligent Disregard for the Client Good Faith as a Defense Standard of Care Statute of Limitations in Negligence Actions Professional Negligence Liability Insurance Liability for Others Rule #3 Wrap Up Rule #3 Review Questions Rule #4 - Charge Only Fair Fees Fee Agreements with Clients Contingency Fees Hourly Billing Other Billing Methods Other Fee Agreement Terms - Retainers Pro Bono Work Recovery of Fees From the Client Recovery of Fees From the Other Side Referral Fees Client Files and Fees Rule #4 Wrap Up Rule #4 Review Questions Rule #5 - Make Legal Services Available Access to Justice Access to Information Advertising Advertising and the Paralegal Bad Solicitation Good Solicitation Corporate Clients and Solicitation Technology and Solicitation Direct Mail Mass Disasters Rule #5 Wrap Up Rule #5 Review Questions Rule #6 - Represent Each Client with Zeal and Dedication Due Process as Our Cornerstone Due Process Requirements to the Client Due Process Requirement to the System Where is the Boundary of the Law? Suppressing Evidence Fabricating Evidence Inducing a Witness to Testify Falsely Allowing a Witness to Testify Falsely Making False Documents The Practice of Deceit Deceit is Discovery Employees and Deceit Harassing Jurors Overpaying Experts Courtesy to Opposing Counsel Communication with Opposing Counsel Rule #6 and the Court Courtesy to the Court Give the Court Only Truthful Statements Give the Court All of the Law Lying to the Court and Dicta File Only Righteous Claims with the Court Gifts to Judges Prosecutor's Role to Seek Justice Contrasted Rule #6 Wrap Up Rule #6 Review Questions Rule #7 - Don't Practice Law Without a License What is the UPL? Why Should Only Lawyers Practice Law? Why Should We Care? We Really Do Know What the Practice of Law is Prohibitions on the Practice of Law by Non-Attorneys Representing Other as UPL Preparing Legal Documents as UPL Advising Other and Books and Kits as UPL What is Not UPL Overlapping Functions - Not UPL "Incidental to" - Not UPL Doing Your Job - Not UPL What About Disbarred or Suspended Lawyers? Prohibitions Under Scrutiny What is the Effect of UPL? Exceptions to General UPL Rules What is Definitely Not "Giving Legal Advice" - The Conduit Theory Corporations and UPL Lawyers Aiding UPL Improper Supervision Improper Division of Fees Improper Business Relationships The Lawyer's Responsibility for Non Lawyer Personnel Supervision and Hiring Delegation Misrepresentation Enforcement and UPL Regulations Rule #7 Wrap Up Rule #7 Review Questions Rule #8 - Be Loyal to Each and Every Client What is the Duty of Loyalty? Your Outside Interests Divide Your Loyalty Overreaching for Fraud Transaction in Good Faith Witness Champerty Friends Publicity Rights Gifts Multiple Clients Divide Your Loyalty Seller and Purchaser Insured and Insurer Husband and Wife Debtor and Creditor Representation of Corporations Joint Representation of Criminal Defendants What Others May Want Who's Paying the Tab? Rule #2 Creates Conflicts of Interest Presumption of Conflict Who is Disqualified? Preventing Disqualification Ethical Wall Theory Waiver of Conflict by Client Appropriate Action and Possible Penalties Rule # 8 Wrap Up Rule #8 Review Questions Rule #9 - Work to Improve the Legal System Make the Law Safe Assist in Changing the Law Simplify/Simplify Public Pro Bono Work The Unsavory Client Report Misconduct Improper Use of the Law Criticism of the Judicial System One Last Word About Integrity Serve in Public Offices Rule #9 Wrap Up Rule #9 Review Questions Rule #10 - Don't Even Think About It Avoid the Appearance of Impropriety Conflict of Interest Exaggeration and Zeal Protecting the Public Trust Client Money and Trust Accounts Relationship with the Bench Rule #10 Wrap Up Rule #10 Review Questions

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詳細情報

• NII書誌ID(NCID): BA8145364X
• ISBN:
  • 013119321X
• LCCN: 2005003722
• 出版国コード: us
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Upper Saddle River, N.J.
• ページ数/冊数: xvi, 154 p.
• 大きさ: 24 cm
• 分類:
  • LCC : KF306.Z9
  • DC22 : 174/.3/0973
• 件名:
  • LCSH : Legal ethics -- United States
  • LCSH : Legal assistants -- United States -- Handbooks, manuals, etc
• 親書誌ID:
  • BA71866508