Professional and Ethical Responsibility Flashcards

What is the Model Rules of Professional Conduct and who created it?

Answer: Ethical rules for attorneys created by the ABA, adopted in varying forms by states

The ABA Model Rules serve as the basis for ethical rules adopted by most state bar associations.

What is ABA Model Rule 5.3 and how does it relate to paralegals?

Answer: Requires lawyers to supervise and be responsible for non-lawyer assistants including paralegals

Rule 5.3 requires lawyers who employ non-lawyer assistants to ensure their conduct is compatible with professional obligations.

What are the NALA guidelines for paralegal utilization?

Answer: Standards defining appropriate tasks, ethical obligations, and attorney supervision requirements

NALA provides guidelines defining appropriate functions, ethical standards, and the supervision framework.

What is the difference between a conflict of interest and an appearance of impropriety?

Answer: A conflict is an actual competing interest; an appearance exists when a reasonable person would question propriety even without actual conflict

A conflict involves actual competing duties; an appearance exists when circumstances would lead a reasonable observer to question ethics.

What is fee splitting and why is it prohibited between attorneys and non-lawyers?

Answer: Sharing legal fees with non-lawyers, prohibited to prevent non-lawyer influence over professional judgment

Fee splitting with non-lawyers is prohibited under Rule 5.4 to protect lawyer independence.

What is pro bono work and what obligation do legal professionals have?

Answer: Voluntary legal services provided free, particularly to those who cannot afford representation

Pro bono refers to free legal services, particularly for indigent clients. Model Rule 6.1 aspirationally recommends 50 hours per year.