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Legal Ethics & Professional Responsibility, Intro and Chs. 1 & 2

Horizontales
Guideline 9.10 of Indiana's Guidelines for the Use of Non-Lawyer Assistants, provides that "all lawyers who employ non-lawyer assistants in the State of Indiana shall assure that such non-lawyer assistants conform their conduct to be consistent with" an enumerated list of ___ standards that mirror the ___ rules to which attorneys are subject.
According to Cornell Law School’s Legal Information Institute, “___” refers to the collective of all lawyers qualified to practice in a given court or jurisdiction.
"Briefing a case" means ___ a written decision of a case.
One of the roles that the American Bar Association (ABA) has taken on in regulating the conduct of lawyers includes producing the Model Rules of Professional Conduct. The Model Rules are suggested ethics rules drafted by a group of ABA scholars and legal ethics experts. Each state’s high court has ignored, ___, added to, or subtracted from the ABA’s Model Rules language in enacting its (enforceable) ethics rules as that high court has seen fit.
The primary difference between certification and ___ is that certification is voluntary and ___ is mandatory to practice in a particular profession. (Discussing the several differences between certification and licensure would be a good essay question.)
There are currently no specific ___ for being, or calling oneself a paralegal. Paralegal roles developed on an ad hoc basis, and the legal profession has not acted to alter this amorphously defined role.
The ABA adopted the Model ___ for the Utilization of Legal Assistant Services in 1991. The ABA Model ___ for the Utilization of Paralegal Services is the modern name for these ___, and they were last revised in August 2021. Many states, including Indiana, have adopted these ___ or modified versions of these ___. (Describing the several specific ways that the American Bar Association is involved with the paralegal field would be a good essay question.)
The American Bar Association is commonly referred to as the ___.
In most instances, paralegals are not ___ from the overtime pay requirements of the Fair Labor Standards Act.
The lawyer's responsibility for the paralegal's misconduct follows/incorporates the general legal doctrine of ___. Latin for “let the superior reply,” under this legal doctrine employers (or principals) are liable for the misconduct of their employees (or agents) if that misconduct is committed within the scope of their employment.
According to Merriam-Webster, definitions of ___ include "a set of moral principles," a "theory or system of moral values," and the "principles of conduct governing an individual or a group."
One argument against requiring licensure for paralegals is that licensing is unnecessary or redundant because lawyers are professionally ___ for the work of their nonlawyer employees.
The various roles/jobs in a law ___ include: Courier, Receptionist, secretary, paralegal, (sometimes working separate roles as intake paralegals or litigation paralegals), Office manager/administrator, Associate attorney, Partner, and Managing Partner. (Explaining who performs what tasks would be a good essay question.)
Although the various paralegal associations have come out on both sides of the debate regarding whether paralegals should be required to obtain ___, the ABA Standing Committee on Paralegals examines the issue periodically, and so far has always come out against requiring ___ of paralegals. (Discussing the arguments for and against licensure of paralegals would be a good essay question.)
There is a rarely used two-step process courts can use to directly sanction paralegals, usually for engaging in the unauthorized practice of law. First they are issued an ___ (court order to stop), and if they disobey the ___, they are held in contempt of court.
Some states allow ___ attorneys to work as paralegals, and some states do not. (Describing the arguments for and against would be a good essay question.)
Discipline, or ___, that an attorney found to be in violation of a rule of professional conduct may be subject to, include: 1. Reprimand or censure; 2. Short Suspension; 3. Significant Suspension; 4. Law License Resignation: In lieu of an impending disbarment; or 5. Disbarment.
More paralegals, and more effectively utilized paralegals, improve access to ___ in that they increase the number of people that legal aid organizations, government offices, and law firms can assist.
Verticales
Some ___ have registration programs administered either by their state supreme courts or by their state bar associations. Like paralegal association administered certification programs, registration programs are voluntary, but one who completes the requirements for registration earns the privilege of calling oneself a “Registered Paralegal.”
“Admitted to the bar” means that one is ___ to practice law in a particular jurisdiction(s), criteria for which and specific decisions on individual actions are decisions/functions of the court of that jurisdiction.
In addition to the American Bar Association’s (ABA's) Standing Committee on Paralegals, there are a plethora of other ___ involved in paralegal education, certification, development of ethical standards, and promotion of the paralegal profession/career. Just a few of these are the AAfPE, IPMA, NFPA, and NALA.
Jurisdictions often provide __ from civil lawsuits to those who file a grievance alleging attorney misconduct, which protects those persons filing a grievance from being sued by those against whom they have complained.
If a person believes an attorney has acted unethically or engaged in some type of misconduct, they can file a ___ with the state court’s disciplinary commission. (Describing the typical procedure followed when a ___ is filed against an attorney would be a good essay question.)
The highest court in the state adopts its own rules of ethics. (Not the state legislature.) In all states except California (and Puerto Rico), the states’ highest courts have adopted a form of the American Bar Association (ABA) ___ Rules of Professional Conduct.
Although in many jurisdictions one who files a grievance against an attorney is immune from civil liability, grievances must be sworn, or filed under oath. There could, therefore there could be criminal ___ charges brought if false statements are made in a sworn grievance brought against an attorney.
Guideline 9.1. ___, of Indiana's Guidelines for the Use of Non-Lawyer Assistants, provides that "a non-lawyer assistant shall perform services only under the direct ___ of a lawyer authorized to practice in the State of Indiana. Independent non-lawyer assistants are prohibited from establishing a direct relationship with a client to provide legal services. A lawyer is responsible for all of the professional actions of a non-lawyer assistant performing services at the lawyer's direction and should take reasonable measures to ensure that the non-lawyer assistant's conduct is consistent with the lawyer's obligations under the Rules of Professional Conduct."
The Indiana Rules of Professional ___ contains a section of guidelines called "USE OF NON-LAWYER ASSISTANTS" which is modeled after the ABA's Model Guidelines for the Utilization of Paralegal Services.
Indiana’s requirements for how one becomes an ___ are typical for most jurisdictions and are set out in the Indiana Rules of Court--Rules for Admission to the Bar and the Discipline of Attorneys. (Describing these requirements generally would be a good essay question.)
If a paralegal wants to demonstrate that they have attained a level of measurable skills and knowledge, they may voluntarily take the necessary steps (testing, application, etc.) to obtain ___ from one of the paralegal associations (such as (NFPA, NALA, AAPL, NALS) that administer ___ programs.
___ are official correspondence just like letters are. ___ should therefore be responded to in a timely manner. ___ must be thorough and clearly written. ___ must be respectful and professional.
The ABA's definition of a ___ 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 and who performs specifically delegated substantive legal work for which a lawyer is responsible.”
ABA Model Rule 5.3 (and Indiana's identical rule) makes a lawyer responsible for the legal assistant’s ___ when the lawyer orders the ___, ratifies the ___, or fails to mitigate the consequences of the ___.
___ ethics are the principles of conduct governing the practice of law.
No state in the U.S. currently requires paralegals to have ___.
The Bureau of Labor Statistics projects that paralegal job opportunities are expected to increase by more than 10 percent between 2019 and 2029, a much ___ rate then most positions that require comparable training and education.
One of the roles that the American Bar Association (ABA) has taken on in regulating the conduct of lawyers is issuing its own advisory ethics ___ interpreting the ABA Model Rules of Professional Conduct. Because the ABA is a private, voluntary organization and does not license attorneys, these opinions are advisory only and do not have the weight of law.
A lawyer is ___ responsible for a paralegal’s misconduct when the paralegal commits an unauthorized act that is outside the scope of employment, when the paralegal engages in a criminal act that is unforeseen and unpreventable by the lawyer’s reasonable oversight, or when the paralegal commits a random mistake that is not a result of the lawyer’s failure to effectively supervise.
It is hard pinpoint amounts of paralegal ___ since paralegals work in every field from industrial to government, and their ___ vary widely based on the geographic location, area of law, type and size of employer, and the paralegal’s years of experience.
The ___ regulates the lawyers and practice of law within its jurisdiction. The highest ___ in the jurisdiction (state) governs admission and discipline of attorneys practicing within that jurisdiction, and also enforces that jurisdiction’s ethics rules.