Ethical Dilemmas
M
aintaining ethical standards may be one of the trickiest parts of a parale- gal’s job.
But practitioners and educators agree that it’s also one of the most crucial.
Unlike lawyers, who are obligated to follow their state bar’s rules of professional conduct and can be disciplined or disbarred for a viola- tion, paralegals have no mandatory code of ethics.
There are obvious violations that a paralegal may engage in, such as skimming off the top of an attorney’s trust account.
But more frequently, ethical quandaries emerge in mundane situations that can catch paralegals off guard, said Sarah Kaufman, who teaches law office management at Meredith College in Raleigh, N.C.
An acquaintance might ask what to do about his speeding ticket. A neighbor might stop by to ask if her landlord is violating the terms of her lease.
Avoiding ethics violations can be puzzling for paralegals By Diana Smith
“It’s usually the small kind of things that come up when you’re at church, at a cocktail party or even when your mom calls,” said Kaufman. “They think we’re imbued with knowl- edge of what to do.”
The sticky part is that sometimes paralegals know exactly the right answer to those questions. But to answer them would constitute the rendering of legal advice and engaging in the unauthorized practice of law.
Ethical hazards also emerge in law offices, even though that’s the place where paralegals should feel most secure.
Cell phones have also increased the likelihood of similar mistakes, added Kaufman. She’s heard both paralegals and lawyers discussing cases on their cell phones in elevators and public bathrooms.
“I think they’re very conscientious and don’t knowingly want to breach client confidentiality, but they do it without thinking. You’re just in a space and feel comfortable. It doesn’t occur to you that it’s a public space.”
Other seemingly minor questions can place paralegals in dangerous territory.
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