Description
Understand the principles of the ABA guidelines for the use of paralegal support.The COVID19 pandemic has shown us how antiquated the practice of law is in its reliance on outdated means of communications (fax, phone) and the need for facetoface contact (depositions, motions hearings). Many lawyers believe this is the only way to practice, but COVID19 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.
Date: 2022-01-13 Start Time: End Time:
Learning Objectives
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 Lawyers Direction and Should Take Reasonable Measures to Ensure That the Paralegals Conduct Is Consistent With the Lawyers 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 Paralegals 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
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Jesse Cohen-Paramount Legal Outsourcing, Lisa Lilley – Paramount Legal Outsourcing
