Exam (elaborations)
PARALEGAL ETHICS UNAUTHORIZED PRACTICE OF LAW QUESTIONS AND ANSWERS
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PARALEGAL ETHICS UNAUTHORIZED PRACTICE OF LAW QUESTIONS AND ANSWERS
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1-64 of 64Failure to follow your own policies and procedures is
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evidence of lack of due care.
What is the ABA's position on paralegal certification and licensing?
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opposed to it; neutral on voluntary
Why is the practice of law restricted to lawyers?
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-Public Policy concerns.
-To protect the public.
A Firm must have
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policies and procedures and follow them.
What kinds of work can nonlawyer legal services providers perform without engaging
in the unauthorized practice of law?
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, -Will execution: a paralegal may oversee a will execution or serve as a
witness to a will so long as he or she does not give legal advice.
-Real Estate Closing: bar association opinions that endorse the use of
paralegals to attend real estate closings unaccompanied by a lawyer by
placing certain conditions on the paralegal and lawyer. These conditions
include attorney supervision and review up to the time of the closing;
attorney availability to give advice during the closing if needed; client
consent; a determination that the closing will be purely ministerial and that
the client understands the documents in advance; and a prohibition
against the paralegal giving legal advice or making legal decisions during
the closing.
-Negotiating settlements: The adjuster may make offers to settle directly to
the paralegal. The paralegal must pass these offers on to the attorney, who
discusses with the client whether or not to accept an offer. The paralegal
may in turn communicate the decision to accept or reject to the adjuster
and handle follow-up negotiations or settlement paperwork. The paralegal
may not accept a settlement offer on behalf of a client, however, even if
the paralegal knows that it is an offer the client should or will accept.
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Do NALA and NFPA have rules on the conduct of paralegals?
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Both have codes of ethics to guide the conduct of their members.
NALA calls its code the Code of Ethics and Professional Responsibility.
NFPA has a Model Code of Ethics and Professional Responsibility.
What is the practice of law?
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-The application of a rule of law
-To a particular person's facts
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