Understand the principles of the ABA guidelines for the use of paralegal support.
The COVID-19 pandemic has shown us how antiquated the practice of law is; in its reliance on outdated means of communications (fax, phone) and the need for face-to-face contact (depositions, motions hearings). Many lawyers believe this is the only way to practice, but COVID-19 has also shown that technologies are easily and readily available to overcome these challenges and modernize your law practice. As with any aspect of the legal profession, we must question the boundaries of the Rules of Professional Conduct. This topic will explore the principles of the ABA guidelines for the use of paralegal support and how they fit into the new world of remote work. We will explore key aspects of remote paralegal work, such as what work can be delegated, maintaining client confidentiality, and billing clients for work performed by paralegals.
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Agenda
Introduction to the ABA Guidelines
- Adoption
- Applicability
What Is a Paralegal?
- A Legal Assistant or Paralegal Is a Person Qualified by Education, Training, or Work Experience Who Is Employed or Retained by a Lawyer, Law Office, Corporation, Governmental Agency or Other Entity Who Performs Specifically Delegated Substantive Legal Work for Which a Lawyer Is Responsible
- Special Training Not Required
- Oversight and Supervision
Guideline 1 - A Lawyer Is Responsible for All of the Professional Actions of a Paralegal Performing Services at the Lawyer's Direction and Should Take Reasonable Measures to Ensure That the Paralegal's Conduct Is Consistent With the Lawyer's Obligations Under the Rules of Professional Conduct of the Jurisdiction in Which the Lawyer
Practices
- The Buck Stops With the Lawyer
- All Work Must Be Thoroughly Reviewed
- Paralegal Must Defer to Lawyer on All Questions of Law
Guideline 2 - Provided the Lawyer Maintains Responsibility for the Work Product, a Lawyer May Delegate to a Paralegal Any Task Normally Performed by the Lawyer
- There Are, However, Limitations on What Can Be Delegated
- Never Delegate Without Oversight/No Sign and Send
Guideline 6 - A Lawyer Is Responsible for Taking Reasonable Measures to Ensure That All Client Confidences Are Preserved by a Paralegal
- Use of Technology in Remote Work to Maintain Confidentiality
- Transmission and Storage of Confidential Information
Guideline 7 - A Lawyer Should Take Reasonable Measures to Prevent Conflicts of Interest Resulting From a Paralegal's Other Employment or Interests
- Outside Paralegals Must Perform Conflict Checks
- Paralegals May Work for Multiple Lawyers so Long as There Are No Conflicts
- Conflict Waivers
Guideline 8 - A Lawyer May Include a Charge for the Work Performed by a Paralegal in Setting a Charge or Billing for Legal Services
- Accurate Time Keeping and Reporting
- Acceptable Average Amounts of Time per Task
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 13, 2022.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Jesse Cohen
Paramount Legal Outsourcing
- Attorney with Paramount Legal Outsourcing
- Familiar with all aspects of professional responsibility as it relates to services provided by paralegals
- Frequent lecturer through the National Association of Subrogation Professionals (NASP) on all areas of civil litigation practice
- Member of NASP and the Million Dollar Advocates Forum
- J.D. degree, Widener University School of Law; B.S. degree, University of Pittsburgh
- Can be contacted at [email protected]
Lisa Lilley
Paramount Legal Outsourcing
- Paralegal with Paramount Legal Outsourcing
- Familiar with all aspects of professional responsibility as it relates to services provided by paralegals
- Member of the Montgomery County Paralegal Association, and has experience as a litigation paralegal for complex cases around the country for over twelve years
- Can be contacted at [email protected]
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