Student Project #14
by Carmen
Arevalo
PATHFINDER - BIBLIOGRAPHY
RESEARCH QUESTION:
What is the ethical role of paralegals in relation to lawyers?
INTRODUCTION
Student Project #14
by Carmen
Arevalo
PATHFINDER - BIBLIOGRAPHY
RESEARCH QUESTION:
What is the ethical role of paralegals in relation to lawyers?
INTRODUCTION
In all my paralegal training, the ethical role of the paralegal has always been part of the agenda. The definition has always been very general, and after this research project I know why. The National Federation of Paralegal Associations "believes, as do many attorneys, there are many areas in which a license to practice law is not required to perform certain legal functions. However, until such time as these areas are defined to be permissible activities, NFPA believes paralegal should not perform these function and does not support paralegals engaged in the unauthorized practice of law. Consequently, NFPA strongly supports continued study to determine areas in which paralegal roles may be enhanced within the parameters of those prohibitions."("Statement on Issues Affecting the Paralegal Profession")
The answer to the above question is still a work in progress. There are definitely two sides to this coin, and according to Kit R. Roane, "paralegal firms, and their owners say they provide a beneficial service to those who cannot afford or do not need legal counsel. But many lawyers, judges, and advocates for the poor say these businesses sometimes skirt the law and subvert peopleís rights."(Roane 6) These are some of the more extreme opinions, and thatís exactly what they are- opinions. There is still a large gray area left. The defining line has yet to be drawn and then regulated.
In conclusion, the increase in paralegals and the use of them has
raised varying ethical questions as to what constitutes the
unauthorized practice of law or legal malpractice, when the paralegal
has crossed that fine line into the attorneyís territory. We
are at the brink of defining the above and creating the laws and
regulations to enforce them.
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ethic* |
(legal) malpractice |
unauthorized practice of law |
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paralegal |
legal assistant |
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lawyer |
attorney |
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Legal assistant
Legal assistant -- Education
Legal assistant -- Employment -- United States
Encyclopedia Americana Online (accessed:
12/13/99)
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Appleson, Gail. "Increase in Paralegals Stirs Ethical Concerns." ABA Journal Nov. 1981: 1445.
Berkey, Rachel Lane. New Career Opportunities in the Paralegal Profession. New York: Arco, 1983.
Burger, Arthur D. "Do the Right Thing." Legal Times 20 April 1998: S38.
Ferree, M. M. Rev of Gender Trials: Emotional Lives in Contemporary Law Firms, by Jennifer L. Pierce, Choice July/August 1996: 1833.
Fitz-James, Michael. "Lawyers, Paralegals Meet to Decide Who Does What." The Financial Post 30 June 1998: 15.
Grandmaison, Ann M. Rev. of New Career Opportunities in the Paralegal Profession, by Rachel Lane Berkey. Library Journal 108 (April 1983): 740.
Hazard, Geoffrey C. "Defining Law Practice." The National Law Journal 22 April 1996: A23+.
Larbalestrier, Deborah E. Paralegal Practice and Procedure: A Practical Guide for the Legal Assistant. Englewood Cliffs, N.J.: Prentice-Hall, 1994.
Martin-Bowen, Lindsey. "Who Are You? It Depends on Where You Work." The Legal Intelligencer 6 May 1999: 5.
Orlik, Deborah K. Ethics for the Legal Assistant. Glenview: Scott, Foresman, 1986.
"Paralegal." Encyclopedia Americana Online. 1999. Grolier Incorporated. 13 Dec 1999 <http://ea.grolier.com/cgi-bin/build-page?artbaseid=0302400-00>
"Paralegal Professional Responsibilities." NFPA: Professional Development. Feb. 1996. National Federation of Paralegal Associations, Inc. 13 Dec. 1999. <http://www.paralegals.org/Development/responsibilities.html>
Pierce, Jennifer L. Gender Trials: Emotional Lives in Contemporary Law Firms. Berkeley, Calif.: University of California Press, 1995.
Jennifer L. Pierce, associate professor of Sociology at University, provides an ethnographic study of sex segregation and gender roles in the modern legal profession. According to Jennifer Russell "the strength of Gender Trials is its focus not just on men as perpetuators of workplace domination, but on women as active agents in the reproduction of their own subordination". This book was written by a professor of sociology for the purpose of research and was primarily written with scholars and students of gender and occupations in mind. Regardless, this book can also be a useful tool in educating and creating awareness in the legal field. Pierce worked as a paralegal and did ethnographic research in two law offices. Her research reveals by looking at litigators and paralegals in relation to each other the effects of gender power and class hierarchy and how women develop creative strategies in resisting the gender hierarchy. Pierce's approach allows her to claim some success in the very difficult project of treating gender as both an aspect of organization and of identity.
Roane, Kit R. "Paralegal Divorce Firms Assailed." The New York Times 23 Oct. 1999: 6.
Russell, Jennifer L. Rev of Gender Trials: Emotional Lives in Contemporary Law Firms, by Jennifer L. Pierce. Women's Review of Books October 1996:14.
Samborn, Hope Viner. "Conflicts and Confidences: Codes Address Ethics for Paralegals, and Impact on Lawyers." ABA Journal 82 (June 1996): 24-25.
Samborn, Hope Viner. "Shades of Regulation; State Bills Apply Sundry Standards to Independent Paralegals." ABA Journal (June 1997): 26.
Seekins, Brenda. "Law Defines Scope of Paralegal Practice." Bangor Daily News 16 Aug. 1999.
Silas, Faye A. "A Risky Stand-In? Paralegals at Realty Closings." ABA Journal Dec. 1988: 1812.
"Statement on Issues Affecting the Paralegal
Profession: Paralegal Ethics." NFPA: Professional Development.
7 Nov. 1997. National Federation of Paralegal Associations, Inc. 13
Dec. 1999.
<http://www.paralegal.org/Development/statement/parapro7.html>
Szuch, Clyde A. "Protecting the Work Product of Paralegals During Discovery." The National Law Journal 24 Nov. 1980: 30+.
Troutner, Joanne. Rev. of New Career Opportunities in the Paralegal Profession, by Rachel Lane Berkey. School Library Journal 30 (Oct. 1983): 164.
"Unauthorized Practice of Law." NFPA: Professional Development. 1994-1996. National Federation of Paralegal Associations, Inc. 13 Dec. 1999. <http://www.paralegal.org/Development/upl.html>
Wharton, Amy S. Rev of Gender Trials: Emotional Lives in Contemporary Law Firms, by Jennifer L. Pierce. American Journal of Sociology 102 (November 1996): 886.
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last revised: 12-21-99 by Eric Brenner, Skyline College, San Bruno,
CA
These materials may be used for educational purposes, but please inform and credit the author and cite the source as: LSCI 105 Online Research. All commercial rights are reserved. Send comments or suggestions to: Eric Brenner at brenner@smcccd.cc.ca.us