Preview

Ethical Dilemmas In The Paralegal Field

Satisfactory Essays
Open Document
Open Document
787 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Ethical Dilemmas In The Paralegal Field
Ethical Dilemmas in the Paralegal Field
Frances Cuzzola
CM107-18

Professor Ann Reich
May 24, 2013

There are numerous ethical dilemmas surrounding the field of law. An example of these would be, unauthorized practice of law, conflicts of interest and confidentiality. While a lawyer may deal with some dilemmas, a paralegal may deal with more. An attorney that violates ethical standards may be subject to discipline including, permanent disbarment, temporary suspension, public censure, or an informal reprimand. A paralegal must use different methods in the legal field to overcome an ethical dilemma. According to the National Association of Paralegals and Legal Assistants (NALA), “a paralegal must
…show more content…
They should always refrain from advising a client on any legal issue, because again, this is not in their job description. Typical duties of a paralegal may include, retaining an affidavit from a client, interviewing a client, organizing files and drafting certain legal documents. A typical day for a paralegal, either in a small, or large firm, may include these said duties, as-well-as secretary work, answering phones, and scheduling an initial interview. A paralegal should take strict direction from any ethics course given, as well as direction from their supervising attorney. “It is essential that paralegals understand and follow attorneys’ professional rules, because, as agents of attorneys, paralegals are bound by those rules and can subject the attorney to liability for their violation.” (Anne Lang, Administrative Law, Monroe Community College, 2012)

Paralegals will never be held to the same standards, or put through the same punishments as a supervising attorney, but when dealing with an ethical dilemma, they will most likely lose their jobs. An example of high ethical standards will give a paralegal influence beyond measure. Therefore, the paralegal should be smart - be

You May Also Find These Documents Helpful

  • Better Essays

    People delegate important personal aspects of their lives to professionals, but not without the risks of unethical behaviors. The word Professional makes one think of wealth and power, which can result in corruption; winning by any means necessary. In the movie The Verdict, Frank Galvin plays a lawyer who has reduced himself to being a drunken ambulance chaser (Brown, Harris, Zanuck, & Lumet, 1982). He is given an opportunity by his good friend, Mickey Morrisey, to morally redeem himself; not only as a lawyer, but most importantly a person.…

    • 1356 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    These cases indicate that the Supreme Court has long been using morality as the sole basis for disbarring lawyers. Going back to the main contention of this segment, this conduct is improper and will lead to complications. The law should not be based purely on what is moral, because these two concepts are incompatible. Rather, it must be supported by a public interest and an end, which is both concrete and…

    • 72 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The American Association for Paralegal Education believes that academically qualified paralegals are those with bachelor’s degree in legal studies. (F)…

    • 516 Words
    • 4 Pages
    Good Essays
  • Better Essays

    In the field of professional counseling, there will be times where clients will come into your office and have more than one problem that they need help with. It is the job of the counselor to help them in any way that they can even if that means to refer those with serious illnesses. Unfortunately, there may also be issues of ethics that will arise from clients with multiple needs and those in the care of other physicians. Sometimes the counselor is put into a position where they must make an ethical decision on what to do when placed in a tough situation. When faced in an impossible situation the ACA Code of Ethics states rules to follow or one can reach out to…

    • 1670 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Model Rule 5.5(B)- Attorney Howe, left a new hire, Carl, unattended, while also suggesting that he may conduct interviews in his office without specifying particulars regarding his presence or direct supervisory responsibilities. In hindsight, Attorney Howe could be indirectly contributing to the unauthorized practice of law due to his gross negligence to supervise his paralegal.…

    • 2220 Words
    • 7 Pages
    Good Essays
  • Good Essays

    The Lincoln Lawyer

    • 1348 Words
    • 4 Pages

    Do the ethical standards that we live by on a daily basis change when one is sitting in a courtroom? Certainly the courtroom has its own set of standards and rules that clients and attorneys must abide by when conducting a trial, so is there any circumstance when one can be justified in breaking these rules? These are some key questions that one must ask themselves when watching The Lincoln Lawyer.…

    • 1348 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Healthcare has brought on rapid changes for all specialties, addressing proficiencies established by medical facilities in caring for increasingly complex patients in this changing environment. Employees are constantly confronted with legal and ethical dilemmas in clinical decision making; in addition those professionals need to be aware of the way in which the law regulates their professional careers. Legal and ethical issues have been an increased concern when having to produce important decision in their clinical careers. Furthermore, all healthcare professionals are individually…

    • 1569 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Essay On Paralegals

    • 816 Words
    • 4 Pages

    “A paralegal must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. The services of an attorney are essential in the public interest whenever such legal judgment is required” (North Carolina Paralegal Association, 2007).…

    • 816 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Counselors are often placed in vulnerable situation when thinking about the best practices and decision making. Circumstances will arise that could comprise the integrity of the counselor. In those instances there needs to be guidance and this paper attempts to break down a scenario of an ethical dilemma and the course of action that should be taken when the problems shared occur. The author uses, The Practitioner’s Guide to Ethical Decision Making, to explain the process of ethical violations and what actions should be taken to avoid those pitfalls in the future. Included within that model are seven steps broken down to aid the counselor. The author will provide an account of each step in the model. Should a counselor be faced with ethical dilemmas the American Counseling Association provides guidance to the counselor to aid them in the avoidance of ethical violations and legal issues. The author uses the ACA Code…

    • 2351 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    Every paralegal must follow the same rules that apply to a professional attorney. A Paralegal cannot give legal advice nor can they give any legal opinions or represent a client before a court. Confidentiality of Information is also a major rule, because Paralegals are advised not to discussed with anyone outside of the legal firm. This also means you cannot have any vague discussions with a spouse or friend. Once your a Paralegal you must always disclose your status as a paralegal, to a client another attorney, and any court representative.…

    • 97 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Over the years I have worked in many positions were I have been supervised and have been the supervisor. There have been teachers of their field and people just filling a position. This is a position that requires many skills and much knowledge associated with the field you are working in and also much patience and understanding as an individual working with others. Clinical supervision is an intervention provided by an experienced member of the same profession to an aspiring member of the same field (Remley & Herlihy, 2014, Chapter 14). One must possess many qualities to be an effective supervisor. They would need…

    • 712 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    In order to complete this assignment we must first recognize what Unauthorized Practice of Law is when it comes to paralegals. There is no set definition on what UPL is but as a paralegal there are guidelines to go by. Some ways they can violate the practice of law would be an individual holding themselves as an attorney when they are paralegals, giving legal advice as an attorney would, or representing clients in a court of law. All of the previous are violations and can be subject to several disciplinary actions [ (Unauthorized Practice of Law, 2010) ]. It has been named illegal due to the damages on may suffer due to bad legal advice. In some states it is considered a criminal offense and could be given a jail sentence.…

    • 732 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Professional Ethics

    • 867 Words
    • 4 Pages

    The fact that a person is a lawyer does not make all communications with that person privileged. Because it impedes full and free discovery of the truth, the attorney-client privilege is strictly construed. The several elements of the privilege are described this way: (1) When legal advice of any kind is sought (2) from a professional legal adviser in his or her capacity as such, (3) the communications relating to that purpose, (4) made in confidence (5) by the client, (6) are, at the client's instance, permanently protected (7) from disclosure by the client or by the legal adviser (8) unless the protection be waived. The burden is on the party asserting the privilege to establish all the elements of the privilege.…

    • 867 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Ethical Dilemmas

    • 1201 Words
    • 5 Pages

    When an ethical dilemma arises in the workplace an employee is faced with what to do. How do they deal with this situation? The employee has to consider a couple different things when faced with these types of dilemmas. They must determine who it affects, how it affects, and then the consequences that may arise if they bring it to someone’s attention, or if they do not.…

    • 1201 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Professional Ethics

    • 848 Words
    • 4 Pages

    a. This presents an ethical dilemma for Barbara, because she is faced with the decision as to what actions or behavior would be appropriate for this situation. Barbara’s ethical dilemma necessitates deciding whether she should communicate her findings to the client for adjustments or to disregard them as instructed by Jack.…

    • 848 Words
    • 4 Pages
    Satisfactory Essays