Paralegal Chapter 2

American Bar Association (ABA)

A voluntary national association for attorneys that sets model ethical rules but does not regulate or license attorneys.

Attorney-client privilege

A legal rule protecting communications between a client and their attorney from being disclosed in legal proceedings without the client’s consent

Attorney-client relationship

A legal relationship formed when an attorney agrees to provide legal advice or representation to a client, thereby creating confidentiality and duty obligations.

Canon

A fundamental principle or rule in a code of ethics that guides the professional conduct of legal professionals

Certified Paralegal (CP)

A professional credential offered by NALA that signifies a paralegal has demonstrated through examination a standard level of competency and professionalism

Commingling funds

The unethical practice of mixing client funds with an attorney’s personal or business funds, prohibited by legal ethics rules

Conflict of interest

A situation where a legal professional’s obligations to one client are compromised by their relationship with another client or a third party or their own interests

Continuing education

Ongoing professional learning, often required for attorneys and certified paralegals, to stay current with legal and ethical standards

Criminal charges

Formal accusations by a government authority that someone committed a crime, such as UPL , when it violates state criminal statutes

Disbarment

The permanent revocation of an attorney’s license to practice law, typically for serious misconduct such as theft, fraud, or repeated ethical violation

Disclosure of paralegal status

Te act of openly informing others, especially clients, that a person is not a licensed attorney and is working under attorney supervision

Embezzlement

A criminal act where a person lawfully entrusted with money or property wrongfully takes it for personal use, violating a position of trust

Fiduciary

A person who is legally and ethically required to act in the best interests of another party, such as a client or trust beneficiary

Lack of diligence

Failure by an attorney to pursue a client’s case with the required effort, promptness, and attention to legal duties

Legal advice

Recommendations or opinions about a person’s specific legal rights and responsibilities, or how the law applies to their situation, which only licensed attorneys can give

Legal malpractice

A civil claim brought against an attorney or legal team for professional negligence resulting in harm to a client’s legal position

Licensing

A mandatory authorization, issued by a government agency, allowing an individual to legally practice a profession

Model rules of professional conduct

Guidelines created by ABA consisting of ethical standards for attorneys, which states can adopt and enforce through their own rules

Moral turpitude

A legal concept referring to acts that violate moral standards and public trust, such as fraud, theft, or dishonest behavior

NALA Code of Ethics and Professional Responsibility

A set of ethical guidelines developed to govern the professional behavior of paralegals

Private reprimand

A confidential disciplinary warning given to an attorney for a minor ethical violation, not disclosed to the public

Public reprimand

A formal disciplinary sanction that is made public, often published in legal directories or reported to professional journals

Rule 5.3

A rule from the ABA model rules requiring attorneys to supervise nonlawyer staff and ensure they follow ethical standards

Supervising attorney

A licensed attorney responsible for overseeing the work of paralegals and nonlawyer staff to ensure ethical compliance

Temporary suspension

A disciplinary measure where an attorney’s license to practice law is revoked for a limited time due to significant ethical violations

Unauthorized practice of law UPL

When someone who is not a licensed attorney performs legal tasks or gives legal advice that only attorneys are permitted to do