All Entries in the "Paralegal Ethics" Category
Attorney Blames Staff for Error. Oops. He had no Staff!
A Rhode Island attorney has been ordered to perform 20 hours of pro bono legal work in family court guardianship matters to resolve a legal ethics case. It began with a billing dispute concerning several family court guardianship cases for children in the same family, the Rhode Island Supreme Court explains in a written opinion (PDF). Milan [...]
Defining the Practice of Law (Iowa)
Nonlawyers may do tax work because tax work is not necessarily the practice of law. Comm. on Prof’l Ethics & Conduct v. Mahoney, 402 N.W.2d 434, 436 (Iowa 1987). However, over thirty-five years ago we described actions this court would consider the practice of law if performed by a suspended attorney. Comm. on Prof’l Ethics [...]
Nonlawyers Drafting Documents in New Jersey
Preparing corporate operating agreements, by-laws, resolutions, and similar legal documents is the practice of law and may only be performed by lawyers. Nonlawyers, however, may present to customers prepared, fill-in-the-blank certificates of incorporation, certificates of formation, statements of qualification, and certificates of limited partnership (collectively referred to as “certificates”) and type, transcribe, or translate the [...]
The Attorney–Client Privilege Is Not Limited to Communications Directly Between a Client and His or Her Attorney
The issue also arises as to whether the legal opinions may be shared with a non-attorney agent retained by the attorney to assist with the representation without losing their confidential status. It appears that they can, as such an agent would fall into the category of “those to whom disclosure is reasonably necessary for the [...]
Ohio Paralegal Denied Right to Represent Party in Divorce Case
The parties were divorced in 2005. Appellant filed a motion for reallocation of parental rights and responsibilities (which in the body of the motion was in fact a request for modification or termination of support) and a show cause motion on October 21, 2009. Appellee filed a motion for an increase in child support on [...]
New York Attorney Disciplined for Sharing Fees with a Nonlawyer and for Paying for a Referral
The Committee on Grievances found that the attorney accepted $5,000 from Client Roe’s family and did no legal work on his behalf; that the attorney shared legal fees with a nonlawyer, Inmate Doe, to compensate him in part for his “legal” work and for recommending the respondent’s services to other inmates. In re Saghir 925 [...]
Nonlawyer Officer of a Texas Corporation Files Motion for a New Trial
Some cases suggest that a document filed in court by a non-attorney purportedly on behalf of a corporation is void. But, even though a non-attorney cannot represent a corporation, the Supreme Court of Texas has held that a non-attorney can perfect appeal on behalf of a corporation. A document filed in court by a non-attorney [...]
Failure to Supervise Nonattorney; Allowing Nonattorney to Sign Attorney’s Name on Checks (NY)
Attorney violated disciplinary rule requiring adequate supervision of non–attorney employees by employing non–attorney office manager and, while attorney was seriously ill and absent from her office for several months, knowingly allowed employee to issue and signed his name on at least 17 checks from her attorney escrow account. In re Mednik 923 N.Y.S.2d 195 (N.Y.A.D. [...]
UPL in Rhode Island
That Low Cost Paralegal Services engaged in the unauthorized practice of law in Rhode Island in violation of R.I.G.L. § 11–27–12 by falsely holding itself/herself out to Rhode Islanders, through internet advertising targeting Rhode Island, as competent and qualified to prepare legal documents for uncontested divorce and to assist with a child support problem, which [...]
Failure to Supervise Nonattorney – New York
Failure to Supervise a Nonattorney Employee; New York The attorney is charged with failing to adequately supervise a nonattorney employed by her law firm, in violation of Code of Professional Responsibility DR 9–102(e), DR 1–104(d), and DR 1–102(a)(7) (22 NYCRR 1200.46[e], 1200.5[d], 1200.3[a][7] ). In or about April 2007, the attorney employed a nonattorney as [...]
Unethical Insurance Defense Work by Attorneys and Paralegals
Informal Opinion Number 2010-9, Philadelphia Bar Association Professional Guidance Committee (February 2011) The inquirer obtains litigation assignments from an insurance company. The insurance company is contemplating the centralization of many functions normally performed by those outside attorneys, like the inquirer, who are assigned to handle cases and defend insureds. The functions at issue include: (1) [...]
NY Personal Injury Attorney Sends Her Paralegal to a Hospital to Solicit a Patient
On February 28, 2005, respondent pled guilty to soliciting business on behalf of an attorney in violation of Judiciary Law § 479, an unclassified misdemeanor, and was sentenced to a conditional discharge. This conviction arose out of a sting operation targeting a medical clinic called the Medical Arts Center, in Queens County, whose manager ultimately [...]
Paralegal Gives Testimony on Will She Reviewed and Notarized
The will contest went to trial. At trial, the following people testified: … (5) Cameron, the legal assistant who had reviewed the 2009 will with Jacquelyn and notarized it. In re Estate of Bussler 2011 WL 796541, 2 (Wash.App. Div. 2) (Wash.App. Div. 2,2011) Bill Statsky www.statsky.blogspot.com
Wisconsin Suspended/Disbarred Attorneys as Paralegals
Wisconsin Supreme Court Rules Rule 22.26(2) An attorney whose license to practice law is suspended or revoked or who is suspended from the practice of law may not engage in this state in the practice of law or in any law work activity customarily done by law students, law clerks, or other paralegal personnel, except [...]
Paralegal fees are subject to the same the hourly cap as attorney fees
Paralegal fees awarded to prevailing plaintiffs in a prison civil rights litigation were subject to same hourly cap under the Prison Litigation Reform Act (PLRA) as attorney fees, even though that hourly rate exceeded guideline established by district court for paralegals working for court-appointed counsel, where award was below paralegal market rate in area. The [...]
Attorney-Client Privilege on Confidential Communications Extends Beyond Attorneys
‘[The] privilege can extend to non-attorneys, as in the case of necessary intermediaries and agents.” Travelers of New Jersey v. Weisman 2011 WL 519920, 5 (N.J.Super.A.D.) (N.J.Super.A.D.,2011) Another example: private investigators. State v. Davis, 561 A.2d 1082 (NJ 1989) Bill Statsky www.statsky.blogspot.com
Company Engages in Unauthorized Practice of Law by Using Nonlawyers in Foreclosure Assistance
Company that assisted financially distressed homeowners in attempt to save them from losing homes to foreclosure, a director of the company, and an employee, who were non-lawyers, engaged in unauthorized practice of law by giving advice to homeowners in context of pending or threatened foreclosure proceedings, making representations to creditors on behalf of homeowners facing [...]
Pasco Paralegal Withdraws Plea on Charges of Stealing Client Funds
Kristen Collins Lausberg got her wish in court Friday — to withdraw her plea to charges she stole money from clients of the law firm where she worked as a paralegal. But now the 32-year-old faces trial on four counts of grand theft, which carry the possibility of up to 40 years in prison if [...]
Are Attorneys Acting Unethically When Their Non-Attorney Investigators Misstate Their Identity (Dissemblance) to Obtain Evidence?
Non-government attorneys may ethically supervise non-attorney investigators employing a limited amount of dissemblance in some strictly limited circumstances where: (i) either (a) the investigation is of a violation of civil rights or intellectual property rights and the lawyer believes in good faith that such violation is taking place or will take place imminently or (b) [...]
Fees Paid by Lawyer Bartering Transaction is Not Sharing Fees with a Nonlawyer
Lawyer would like to participate in a trade or “barter” exchange that is an association of businesses that exchange goods or services. Members of the barter exchange are paid in barter dollars that can be used to pay other members for their services. For example, a lawyer who is a member prepares a will for [...]
Non-Attorney Representation in Court
In Pennsylvania, individuals have the right of self-representation. Furthermore a general partner of a limited partnership can represent the partnership in the Court of Common Pleas even though the general partner is a non-attorney. A partnership is not a separate legal entiity like a corporation. The court also cited the limited instances in which a [...]
Fee Request Fails to Identify Kinds of Non-Attorneys Used on the Case
The court also reviewed Roberts’ submission of staff time and declined to award any amount for those hours because there was “no explanation as to who these ‘staff’ persons [were], e.g., secretaries, paralegals, documents clerks etc.” leaving the court no way to determine “a reasonable hourly rate for such persons.” On this record, we cannot [...]
Ethical Issues When a Paralegal is Asked to Google Prospective Jurors
When trial attorneys pick juries, they try to identify potential jurors who will — and will not — be sympathetic to their clients. This involves questioning possible jurors, in a process called “voir dire.” In the past, lawyers would simply interview potential jurors and ask them to fill out questionnaires. These inquiries might, depending on [...]
Minnesota Attorney Disciplined; Nonlawyer Supervision Faulted
Minnesota attorney is disciplined, in part, for failing to supervise a legal assistant. “ [L]awyers must ensure that their non-lawyer assistants act in accordance with the Rules of Professional Conduct; if the lawyer fails in this regard, the lawyer may be held accountable for the non-lawyer’s misconduct. Minn. R. Prof. Conduct 5.3; In re Kaszynski, [...]
Disqualification Ordered; Screening for Paralegal Is Inadequate
Law firm that had hired paralegal who had previously worked for attorney representing party adverse to firm’s client failed to rebut presumption the paralegal shared confidential information about the case with the members of the new firm, and, thus, trial court’s disqualification of firm was required; firm’s conflict-screening procedures with respect to paralegal, while thorough, [...]
Statute of Limitations for Legal Malpractice (“Non-Attorney Employee”)
Section 13-214.3(c) of the Illinois Code of Civil Procedure sets out the statutes of limitation and repose for legal malpractice actions as follows: “An action for damages based on tort, contract, or otherwise (i) against an attorney arising out of an act or omission in the performance of professional services or (ii) against a non-attorney employee [...]
Paralegal Billing for Picking Up the Dry Cleaning?
Above The Law recently reported that a Paralegal was asked to deliver some documents to a client and then told to pick up the boss’ dry-cleaning on the way back. Read the full story on ATL. Bill Statsky statsky.blogspot.com
Client Funds Used for Office Expenses
Client funds improperly used for office expenses. Attorney disciplined for improper checks written on a client escrow account by the attorney “or his paralegal.” Kentucky Bar Association v. Marcum, 308 S.W.3d 200 (Ky. 2010) Click Here for Case Bill Statsky statsky.blogspot.com
Attorney Lists a Non-Attorney as an “Associate”
Attorney lists a Non-Attorney as an “Associate” and Fails to Supervise Him Izen v. Commission For Lawyer Discipline www.1stcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=87864 Tex.App.-Houston [1 Dist.],2010. Bill Statsky statsky.blogspot.com
Seattle Paralegal Accused of UPL
The owner of a Kent paralegal firm who has been investigated by state officials for alleged “unauthorized practice of law” during the past 13 years is now facing potential criminal charges. Steven Janda, who owns Evergreen Paralegal Service, was charged in King County Superior Court late last week with unlawful practice of law, first-degree theft [...]
Paralegal Charged with Hacking into Computer System where She Once Worked
Paralegal Charged with Hacking into Computer System where She Once Worked “The facts in this case are enough to make any legal ethics professor cringe.” Winters v. Mulholland, 33 So.3d 54 (Fla App. 2 Dist, 2010) View the PDF Bill Statsky statsky.blogspot.com
Outsourcing and UPL; Duty to Inform Client of Outsourcing
Did an Attorney Aid in the Unlicensed Practice of Law by Using a Legal Research Company in India? (No.) Does the Attorney Have to Tell the Client about the Outsourcing? (Yes) A California used a legal research company (LegalWorks) in India “at a rate far lower than American lawyers could charge clients if they did [...]
Ontario Canada Becomes First Jurisdiction To Allow Paralegals To Represent Clients Like Lawyers
Paralegal is a term used in most jurisdictions to describe a non-lawyer who assists lawyers in their legal work. In Ontario,paralegals are licensed by the Law Society of Upper Canada, giving paralegals an independent status in this jurisdiction. Read the full article at PRLog.org. Bill Statsky statsky.blogspot.com
Independent Paralegal Places an Ad in the Attorney Section of Yellow Pages
In the attorney section of the Yellow Pages, a paralegal identified himself as an independent paralegal who offered low-cost divorces. A complaint against him alleged he violated Montana’s Unfair Trade and Consumer Protection Act. The complaint was dismissed. Read the full article in the Great Falls Tribune. Bill Statsky statsky.blogspot.com
Managing CLE
Managing CLE Requirements: A New ABA Tool www.ali-aba.org/portal Bill Statsky statsky.blogspot.com
New Ethics Opinion on Metadata: Inadvertent Disclosure of Confidential Information in Digital Documents
New Minnesota opinion on metadata covers: ■ your duty when sending electronic documents ■ your duty when receiving electronic documents ■ your duty when finding someone else’s privileged metadata www.mncourts.gov/lprb/Opinion22.pdf new.abanet.org/sitetation/Lists/Posts/Post.aspx?ID=640 Bill Statsky statsky.blogspot.com
Online Ethical Problems
Lawyers Getting into Ethical Trouble on the Internet: Online Foibles http://www.abajournal.com/news/article/ethics_officials_seeing_more_cases_from_lawyers_online_foibles/
Ethics Chart on Metadata in Electronic Documents
Summaries of Ethical Opinions on Metadata in Electronic Documents : Alabama, Arizona, Colorado, District of Columbia, Florida, Maine, Maryland, Minnesota, New Hampshire, New York, Pennsylvania, Vermont, West Virginia (ABA Chart) www.abanet.org/tech/ltrc/fyidocs/metadatachart.html Bill Statsky statsky.blogspot.com
Paralegal Fees
Paralegal Fees: It was Reasonable to have Two Paralegals at Trial Solimeno v. Yonan, 227 P.3d 481 (Court of Appeals of Arizona, 2010) Bill Statsky statsky.blogspot.com
