ABA Model Guidelines for the Utilization of Paralegal Services
- Publisher:
- American Bar Association
- Publication date:
- 2018-02-21
- ISBN:
- 9781641053211
Description:
ABA Model Guidelines for the Utilization of Paralegal Services is intended to encourage lawyers to utilize paralegal services effectively and promote the continued growth of the paralegal profession. The updated publication includes a Table of Contents and Table of Authorities. It is also written in a easier "reader friendly" style.
Index
- Preamble
- A lawyer is responsible for all of the professional actions of a paralegal performing services at the lawyer's direction and should take reasonable measures to ensure that the paralegal's conduct is consistent with the lawyer's obligations under the rules of professional conduct of the jurisdiction in which the lawyer practices
- Provided the lawyer maintains responsibility for the work product, a lawyer may delegate to a paralegal any task normally performed by the lawyer except those tasks proscribed to a nonlawyer by statute, court rule, administrative rule or regulation, controlling authority, the applicable rule of professional conduct of the jurisdiction in which the lawyer practices, or these Guidelines
- A lawyer may not delegate to a paralegal
- A lawyer is responsible for taking reasonable measures to ensure that clients, courts, and other lawyers are aware that a paralegal, whose services are utilized by the lawyer in performing legal services, is not licensed to practice law
- A lawyer may identify paralegals by name and title on the lawyer's letterhead and on business cards identifying the lawyer's firm
- A lawyer is responsible for taking reasonable measures to ensure that all client confidences are preserved by a paralegal
- A lawyer should take reasonable measures to prevent conflicts of interest resulting from a paralegal's other employment or interests
- A lawyer may include a charge for the work performed by a paralegal in setting a charge and/or billing for legal services
- A lawyer may not split legal fees with a paralegal nor pay a paralegal for the referral of legal business. A lawyer may compensate a paralegal based on the quantity and quality of the paralegal's work and the value of that work to a law practice, but the paralegal's compensation may not be contingent, by advance agreement, upon the outcome of a particular case or class of cases
- A lawyer who employs a paralegal should facilitate the paralegal's participation in appropriate continuing education and pro bono publico activities