Chapter  3
Review Sheet

Return to Chapter 3

Regulation of Attorney and Paralegal Conduct 

Who are the regulators?

Attorney Conduct

 

 

Paralegal Conduct

 

 

Where are the regulations found?

Attorney Conduct

 

 

Paralegal Conduct

 

 

Is the regulation direct or indirect?

Attorney Conduct

 

 

Paralegal Conduct

 

 

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What are the requirements for licensing attorneys?

 

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Direct regulation of paralegals is a hot topic.

What is the difference between certification and licensing?

Certification Licensing
 

 

 

 

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Do any states have limited or general licensing?



Approximately how many?

 

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What is the organizational position on the topic of direct regulation?
Organization Position

NFPA


NALA
AAfPE

 

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What are the advantages and disadvantages of direct regulation?

Advantages Disadvantages
   

 

 

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How is an independent paralegal different from a freelance paralegal?

Independent Freelance
 

 

 

 

 

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Do we allow independent paralegals in the state of Maryland?

 

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In what ways is the indirect regulation of paralegals accomplished?

1.
2.
3.

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Attorneys and Paralegals are governed by Ethical Codes and Rules
What are they called and where do they come from?

Attorneys Codes of Ethics Paralegal Codes of Ethics

Name

Organization

Name

Organization

     

     

     

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On what set of Codes/Rules are the Maryland Rules based?

Where is the Code of Ethics for Maryland Attorneys found?

 

Name one rule that is different from the ABA rules?

 

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Three duties listed under the Model Rules of Professional Conduct are:
How can each be breached?
Are there any exceptions?
1. Duty of Competence
Breach:

Exceptions:

 

2. Confidentiality of Information
Breach:

Exceptions:

 

3. Conflict of Interest
Breach:

Exceptions:

 

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What is the Attorney -Client Privilege?

When does it arise?

How long does it last?

 

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What  five things constitute the unauthorized practice of law (UPL)?

1.
2.
3.
4.
5.

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Where in Maryland do you find the definition of UPL?

 

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What is the Penalty in Maryland for the Unlicensed Practice of Law (UPL)?

 

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03/31/09 12:11 PM
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