All Entries in the "Bill Statsky" 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 [...]
Legal Assistant asked to take Blame
For the past four years, New Jersey criminal defense lawyer John Koufos has been named a “rising star” by Super Lawyers magazine. And the New Jersey Bar Association’s Young Lawyers Division recently gave him a professional achievement award. But the young lawyer has since been brought down to earth on charges that he seriously injured [...]
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 [...]
Pro Se Representation Does Not Apply to Representing a Corporation in Court
In Washington state, with limited exceptions, individuals appearing before the court on behalf of another party must be licensed in the practice of law. Because a corporation is an artificial entity, necessarily its interests in a court proceeding must be represented by a person acting on its behalf. Representing another person or entity in court [...]
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 [...]
Are Paralegals Exempt in Connecticut?
As you probably know, the Fair Labor Standards Act (FLSA) and Connecticut’s wage and hour laws require most employees (called “non-exempt”) to receive minimum wage plus overtime at time-and-a-half for all hours worked each week over 40. Also, employers must maintain records of all hours worked by non-exempt employees. “Exempt” employees are exempt from those [...]
Disclosure of Status: Florida Requires More Than Calling Oneself FRP
Recent Changes in Requirements for Florida Registered Paralegals RULE 20–7.1 GENERALLY A Florida Registered Paralegal shall adhere to the following Code of Ethics and Responsibility: (a) Disclosure. A Florida Registered Paralegal shall disclose his or her status as a Florida Registered Paralegal at the outset of any professional relationship with a client, attorneyslawyers, a court [...]
A Nonlawyer Cannot Represent a Limited Laibility Company in Court Even If The Company Has Only One Owner
A limited liability company (LLC) must be represented by a lawyer in order to litigate. This is simply an application of the general rule prohibiting laypersons from representing other persons or entities in court proceedings. Because a layperson does not have a lawyer’s professional skills or ethical responsibilities, such representation imposes undue burdens on opposing [...]
Improper Use on Nonlawyer Staff
Two-year suspension was warranted for Ohio attorney who, while acting as guardian for incompetent ward, withdrew all of ward’s assets from trust account but failed to use the assets for wards’ benefit, and allowed staff to prepare and file false statements concerning wards’ assets, in violation of numerous rules, including those prohibiting conduct that is [...]
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. [...]
Troubling Role of Paralegal in Billing (Washington State)
Troubling Role of Paralegal in Billing (Washington State) A review of Van Camp’s reconstructed billing statements is extremely troubling and illustrates the unreasonableness of this fee. In describing his process, Barber, the paralegal tasked with the reconstruction, testified he went through the file page by page, building a timeline and accounting for any possible work that [...]
Nonlawyers Doing Tax Work; Work Suspended Lawyers May Not Do (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 [...]
Bankruptcy Court Questions Naiveté of Debtor – When the Debtor’s Spouse is a Paralegal
Allegations in credit card company’s complaint, that Chapter 7 debtor ran up more than $3,700 in charges against her account in space of roughly one month, at time when debtor’s total unsecured credit card debt of more than $88,000 was in excess of her ability to pay it and when debtor, through her paralegal spouse, [...]
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 [...]
Protecting Privileges When Doing Online Research
“The commercial tracking of online legal research is a growing threat to the three confidentiality interests relating to legal representation. Attorney-client privilege, attorney work-product protection, and an attorney’s ethical rule of confidentiality are bedrock principles for the United States justice system and for the practice of law. The rapid expansion in data tracking technologies, decreasing [...]
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 [...]
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 [...]
Nonlawyer Representation of a Business Entity in Criminal Magistrate’s Court
A non-lawyer’s representation of a business entity in criminal magistrate’s court constitutes the unauthorized practice of law. “Petitioner correctly notes that this Court has previously permitted persons other than solicitors to prosecute criminal cases in magistrate’s court. Though this Court sanctioned the practices of allowing the arresting South Carolina Highway Patrol officer to prosecute traffic-related [...]
Ban the Word “Paralegal” in Australia?
THE Chief Justice of Queensland has raised the stakes in a row over fee-gouging by law firms. Chief Justice Paul de Jersey has called for a national ban on the term “paralegals” to prevent clients being deceived into paying $300 an hour for work done by unqualified clerks and secretaries. He said a deception was being [...]
Unwise Reliance on Paralegal
Surprise or neglect of former employee’s attorney, in failing to file timely opposition to employer’s summary judgment motion in employment discrimination action, was not excusable, as would warrant grant of discretionary relief from summary judgment entered in favor of employer; attorney waited until shortly before opposition was due to be filed before beginning work on [...]
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, [...]
Non-lawyer Judge Removed from Office
Non-lawyer judge in Georgia removed from office for misconduct. The court commented, however, that “Non-lawyer judges of this state serve competently, ethically, and with proper respect for litigants and our Canons of Ethics and do so on a daily basis.” In re Fowler 2010 WL 2553608, 2 (Ga.) (Ga.,2010) Bill Statsky statsky.blogspot.com
How to Prepare a Personal Injury Settlement Brochure
This excellent guide was posted by our friends over at Personal Injury Utah and we wanted to share it here as well. Thoroughness is the key when preparing a settlement brochure or demand package to attempt settlement of an injury case. Here are 32 tips gleaned from over 20 years experience that comprise a checklist [...]
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 [...]
Excessive Billing… What Could Have been Performed by a Non-Lawyer
The bills … contained charges whereby the respondent billed at a rate of $250 per hour for services of a nonlegal nature, or reflected an excessive number of hours spent on matters that were not necessary, and/or should not have reasonably taken the amount of time billed, and/or could have been performed by a non-lawyer. [...]
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
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
Is There a Difference Between the Words Attorney and Lawyer?
Is There a Difference Between the Words Attorney and Lawyer? “Despite the interchangeable use in common parlance of the words “attorney” and “lawyer,” it is technically precise to use the word “lawyer” to denote a person who is a member of the legal profession (the occupation) and “attorney” as one who represents the interests of [...]
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/
