ABA Model Guideline PDF

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Summary

Write a 2-page paper answering the following questions.
1. May a lawyer bill a client for a paralegal's time?
2. Is it the supervising lawyer's responsibility to take every possible measure to make sure that his paralegal preserves client confidences?
3. May a lawyer delegate to a...

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ABA MODEL GUIDELINES

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ABA Model Guidelines Shainaivah Lewis Rasmussen College PLA 1013: Introduction to Law and the Legal System Kamilah Henderson February 23, 2020

ABA MODEL GUIDELINES

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Most lawyers hire paralegals to assist them with the administrative aspects of a case. Though paralegals are not licensed to practice law they can draft legal documents, summarize reports, and prepare interviews. In most states, some services provided by paralegals differ, but the overall role is the same. There are guidelines within the legal system that lawyers encourage paralegals to follow for the profession to grow. According to Guideline 1 and 6, paralegals cannot give legal advice and their responsibility falls on lawyers. Each lawyer should ensure that their paralegals always preserve the confidence of a client by supervising their work. Under the conduct rules of each jurisdiction, paralegals must be consistent with their professional conduct. These include not being able to establish an attorney-client relationship, not being able to set client fees, not being able to give legal advice, and lastly, not being allowed to represent clients in court. However, paralegals are required to ensure they are properly supervised and only work on tasks given to them to avoid being removed from their job (ABA Model Guidelines for the Utilization of Paralegal Services, 2012). Lawyers are known to be paid quite significantly, for their services. They are known to be paid hourly for services rendered in two different ways. Lawyers can charge clients upfront for the legal fees or take a percentage of the award money after winning a case. When billing, lawyers have a choice to bill a client for a paralegal’s time; but in some cases, their services are included in the legal fees according to guideline 8 (ABA Model Guidelines for the Utilization of Paralegal Services, 2012). However, in many states, lawyers cannot delegate a paralegal’s responsibility to establish a fee amount charged for legal services or split legal fees (ABA Model Guidelines for the Utilization of Paralegal Services, 2012). A Lawyer’s representation of their

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client is independent of the work conduct by paralegals which is why legal fees are not split with the paralegal. Both paralegals and lawyers are required to follow ethical rules of conduct. It is always the lawyer’s responsibility to monitor the conduct of each paralegal. Paralegals that are supervised by lawyers must follow the rules of professional conduct otherwise both individuals will be in violation (Rule 5.3, n.d.). Within the legal system when a lawyer’s responsibility of a current client, comes into conflict with another client the lawyer is representing, this is called the concurrent conflict of interest. This occurs mainly when there is a significant risk that a lawyer’s ability to carry out an action for one client is limited as a result of the lawyer’s interest in the other client (Rule 1.7, n.d.). To practice law in a jurisdiction a lawyer must be licensed by that state to do so. Lawyers cannot hold themselves out to the public as practicing lawyers wherever they want unless approved by the highest court of the jurisdiction (Rule 5.5, n.d.). For example, if a licensed lawyer in the state of New Jersey wanted to practice law in Virginia it would be a violation of the regulations. During trial cases, there are three instances where a lawyer can act as an advocate and be called as a witness. These include when the testimony is an undisputed issue, when the testimony relates to nature and value of legal services concluded in the case, and when the lawyer disqualifications impact the client (Rule 3.7, n.d.). Though paralegals are not licensed professionals to practice law, they have a very important role in any law firm. Paralegals provide assistance with the administrative aspects of a case such as draft legal documents, prepare memos, meet with clients, schedule meetings, summarize reports, and prepare interviews. Each paralegal must be supervised by a lawyer and the lawyer is

ABA MODEL GUIDELINES responsible for that paralegal’s behavior and conduct. There are many guidelines that a paralegal must follow for them to be successful and for the profession to grow.

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ABA Model Guidelines for the Utilization of Paralegal Services. (2012). Retrieved February 17, 2020, from https://www.americanbar.org/content/dam/aba/administrative/paralegals/ls_prlgs_model guidelines.authcheckdam.pdf Rule 1.7. (n.d.). Retrieved February 17, 2020, from https://www.americanbar.org/groups/professional_responsibility/publications/model_rul es_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients/ Rule 3.7. (n.d.). Retrieved February 17, 2020, from https://www.americanbar.org/groups/professional_responsibility/publications/model_rul es_of_professional_conduct/rule_3_7_lawyer_as_witness/ Rule 5.3. (n.d.). Retrieved February 17, 2020, from https://www.americanbar.org/groups/professional_responsibility/publications/model_rul es_of_professional_conduct/rule_5_3_responsibilities_regarding_nonlawyer_assistant/ Rule 5.5. (n.d.). Retrieved February 17, 2020, from https://www.americanbar.org/groups/professional_responsibility/publications/model_rul es_of_professional_conduct/rule_5_5_unauthorized_practice_of_law_multijurisdiction al_practice_of_law/...