Chapter 6: Law Office Ethics American Bar Association Rules of Ethics American Bar Association Rules of Ethics Related considerations Related considerations

§6.1 - §6.3 Ethics Ethics = Ethics = Professional Standards of Conduct Professional Standards of Conduct ABA Rules of Ethics ABA Rules of Ethics Applicable only to attorneys Applicable only to attorneys Attorneys are responsible for actions of paralegals and staff members Attorneys are responsible for actions of paralegals and staff members

American Bar Association Rules of Ethics 1. Compentence 1. Compentence 2. Diligence/Unwarranted Delay 2. Diligence/Unwarranted Delay Act/Respond promptly Act/Respond promptly 3. Fees 3. Fees Must be “reasonable” Must be “reasonable” 4. Crime or Fraud by Attorney 4. Crime or Fraud by Attorney 5. Crime or Fraud by Client 5. Crime or Fraud by Client May not counsel client to engage in fraud May not counsel client to engage in fraud 6. Frivolous Legal Positions 6. Frivolous Legal Positions 7. Safekeeping Property 7. Safekeeping Property

ABA Rules of Ethics, Continued 8. False Statements/Failure to Disclose 8. False Statements/Failure to Disclose Attorneys may not make false statements Attorneys may not make false statements 9. Withdrawal 9. Withdrawal Attorney must ask court permission Attorney must ask court permission 10. Confidentiality of Information 10. Confidentiality of Information Applies to Legal Staff: Attorney/Client Privilege Attorney/Client Privilege Attorney Work Product Attorney Work Product Inadvertent Disclosure of Confidential Information Inadvertent Disclosure of Confidential Information

ABA Rules of Ethics, Continued 11. Conflict of Interest 11. Conflict of Interest Attorneys should NOT: Engage in business transactions w/ client Engage in business transactions w/ client Engage in sex w/ client Engage in sex w/ client Take a case in which attorney has bias Take a case in which attorney has bias Engage in multiple representation Engage in multiple representation Take a case involving former client Take a case involving former client Violate “Chinese Wall” (Conflicts Check) Violate “Chinese Wall” (Conflicts Check)

ABA Rules of Ethics, Continued 12. Communication with the Other Side 12. Communication with the Other Side When other side is represented by counsel When other side is represented by counsel 13. Solicitation 13. Solicitation 14. Advertising 14. Advertising Cannot be misleading Cannot be misleading 15. Reporting Professional Misconduct 15. Reporting Professional Misconduct By other attorneys By other attorneys 16. Appearance of Impropriety 16. Appearance of Impropriety Is to be avoided Is to be avoided 17. Unauthorized Practice of Law 17. Unauthorized Practice of Law 18. Paralegals, Secretaries/Other Legal Staff 18. Paralegals, Secretaries/Other Legal Staff

§6.4 - §6.5 Paralegal DONT’S Legal Advice: Legal Advice: Don’t express a legal opinion Don’t express a legal opinion Don’t apply the law Don’t apply the law Legal Representation Legal Representation Don’t represent another in a COURT Don’t represent another in a COURT Exceptions: Some small claims courts or administrative agencies Exceptions: Some small claims courts or administrative agencies ASK FIRST!! ASK FIRST!!

§6.7 The Five Keys to Success the 1 st Year Be the first person in the office Be the first person in the office Ask, “Is what I’m doing billable?” Ask, “Is what I’m doing billable?” Make yourself valuable Make yourself valuable Look for work, if slow Look for work, if slow Show initiative Show initiative Be willing to work late/skip breaks Be willing to work late/skip breaks Take responsibility Take responsibility Learn from your mistakes Learn from your mistakes

§6.8 Five Keys to Paralegal Ethics 1. Don’t discuss client matters 1. Don’t discuss client matters 2. Don’t pad time sheets 2. Don’t pad time sheets 3. Don’t cover up mistakes 3. Don’t cover up mistakes 4. Don’t act unethically 4. Don’t act unethically Even if asked to do so Even if asked to do so 5. Live up to YOUR standards 5. Live up to YOUR standards

§6.9 Five Critical Traits for a Paralegal 1. Be positive, polite & considerate 1. Be positive, polite & considerate 2. Be an advocate 2. Be an advocate 3. Be persistent, patient & flexible 3. Be persistent, patient & flexible 4. Be confident & dependable 4. Be confident & dependable 5. Be communicative with att. & staff 5. Be communicative with att. & staff

§6.10 Five Important Paralegal Skills 1. Organizational skills 1. Organizational skills 2. Ability to manipulate forms 2. Ability to manipulate forms Don’t recreate the wheel Don’t recreate the wheel Tailor documents to YOUR client Tailor documents to YOUR client 3. Legal Research 3. Legal Research Be thorough Be thorough 4. Be a self-starter 4. Be a self-starter Take the initiative Take the initiative 5. Analyze!! 5. Analyze!!

§6.11 Five Keys to Getting Along with Your Attorney 1. Don’t assume s/he knows everything 1. Don’t assume s/he knows everything 2. Most attorneys are ethical 2. Most attorneys are ethical 3. Provide suggestions, not advice 3. Provide suggestions, not advice 4. Write down and repeat assignments 4. Write down and repeat assignments 5. Ask the attorney to prioritize tasks 5. Ask the attorney to prioritize tasks

§6.12 Five Keys to Failing Your First Year 1. Getting involved in office politics 1. Getting involved in office politics Stay neutral Stay neutral 2. Being obsessed with money 2. Being obsessed with money 3. Being consistently late for work 3. Being consistently late for work 4. Not being a “team player” 4. Not being a “team player” 5. Being a “professional coward” 5. Being a “professional coward”