Ethics for Paralegals

Ethics are defined as those standards by which conduct is measured. Because Paralegals are professionals they are held to a higher ethical standard than an average person. Professional ethics are governed by a set of written rules that establish the limits of permissible conduct in the professional's contacts with others as well as the manner in which the professional advances their practice.

The general ethics that every paralegal needs to know and work by include:

  1. If it doesn't feel right do not proceed until it does.
  2. Read and understand the ethical rules.
  3. Make sure everyone you come in contract with understands you are a paralegal and not an attorney.
  4. Never tell anyone who is not working on a case anything about the case. Keep your confidences.
  5. Know what legal advice is and do not be coaxed into giving it.
  6. Never make contact with an opposing party in a legal dispute, without permission of your supervising attorney.
  7. Disclose your inexperience when you do not know how to complete an assignment.
  8. Do not sign anything unless you know it is accurate and that it is permissible for you to sign it.
  9. Never pad your time sheets.
  10. Know the rationalizations for unethical conduct.
    1. It is always done.
    2. The other side does it.
    3. The cause of our client is just.
    4. If I don't do it I will jeopardize my job.

Also, as a general rule, the paralegal needs to make known their status with every person they have contact with, either on the phone or in person, that they are a paralegal or legal assistant and not an attorney. One of the strictest parts of the ethics field is the regulation of the unauthorized practice of law. Each state defines the unauthorized practice of law differently so it's hard to write a clear definition. A common aspect that all definitions include is that when an individual violates a UPL statute, it is a criminal offense.

The five things that paralegals absolutely can never do while working as a paralegal include:

1. A paralegal cannot accept cases from potential clients.

2. A paralegal cannot set fees.

3. A paralegal cannot give direct legal advice to clients.

4. A paralegal cannot negotiate legal matters on behalf of clients.

5. A paralegal cannot represent clients in court settings. (There are exceptions to this however)

I highly suggest reading the model rules of professional conduct that the American Bar Association has set forth regarding the ethics of paralegals within their scope of employment.



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