QUESTIONS WITH SOLUTIONS GRADED A+
◉ Licensed Paralegal Practitioner (LPP) . Answer: a person licensed by
the Utah Supreme Court to provide limited legal representation in the
areas of: temporary separation, divorce, parentage, cohabitant abuse,
civil stalking, and custody and support; forcible entry and unlawful
detainer; debt collection matters in which the dollar amount does not
exceed the statutory limit for small claims cases.
An LPP is not an attorney. There is a definite distinction between the
"practice of law" allowed only by licensed attorneys and other kinds of
legal services that LPP's are authorized to provide.
When there is any doubt about where that line is, the LPP should refrain
from providing that service, counsel the client accordingly, and when
requested and appropriate, refer the client to one or more competent
attorneys.
(an LPP may provide legal services only in a jurisdiction in which the
LPP is authorized to provide such services.
LPPs must be careful not to practice outside the authority granted by the
Utah Supreme Court)
,◉ Supreme Court Rules of Professional Practice . Answer: Defines the
authority of lawyers
◉ Rule 14-802 . Answer: Authorization to practice law.
Except as set forth in subsections c and d of this rule, only persons who
are active, licensed members of the Bar in good standing may engage in
the practice of law in Utah.
◉ Practice of Law . Answer: The representation of the interests of
another person by informing, counseling, advising, assisting, advocating
for or drafting documents for that person through application of the law
and associated legal principles
to that person's facts and circumstances.
◉ Independence, Honesty and Integrity . Answer: It is difficult for an
LPP to protect the interests of their client if they are subject to
interference from others. Therefore, independence is key to providing
unbiased advice and representation to a client. LPPs must also maintain
the highest standard of honesty, integrity and
fairness towards a client, the court, other LPPs, lawyers, and members of
the public.
◉ Competence and Professionalism . Answer: Competent
representation requires the legal knowledge, skill, thoroughness and
,preparation that is reasonably necessary to represent a client. LPPs
should also act diligently and promptly. An LPP should not accept work
that he or she cannot carry out in a competent and timely manner.
◉ Confidentiality . Answer: LPPs have a duty to keep information
regarding their client confidential and the circumstances where they are
able to disclose client information, is strictly limited. Communications
between an LPP and client are subject to the ethical duty of
confidentiality. An LPP shall not reveal information relating to the
representation of a client.
◉ Exceptions to Confidentiality . Answer: The duty of confidentiality
does not extend to documents which form part of a criminal or
fraudulent act, or communications which take place in order to obtain
advice with the intention of carrying out fraud. If an LPP knows that the
transaction they are working on is a criminal offence, they risk
committing an offence themselves.
◉ Conflict of Interest . Answer: The LPP owes separate duties to two
or more clients in relation to the same or related matters, and those
duties conflict, or there is a significant risk that those duties may
conflict. This could also encompass a client who the LPP represented in
the past. The LPP's duties towards that client (in particular, the duty of
confidentiality) continue, even when the representation has been
completed.
, The LPP's duty to act in the best interests of any client in relation to a
matter conflicts, or there is a significant risk that it may conflict, with the
LPP's own interests with regard to that or a related matter.
In some cases, an LPP cannot act where there is a clear conflict of
interest. For example, an LPP cannot represent both parties in the same
or related litigation. In some situations, LPPs can act where there is
conflict or potential conflict of interest if the LPP obtains informed
consent from the client or clients to act despite the conflict.
◉ IOLPPTA . Answer: The Rules Governing Licensed Paralegal
Practitioners include very detailed provisions relating to an LPP's client
trust accounts. For instance, LPPs must hold the property of clients or
third persons that is in a LPP's possession in connection with a
representation separate from the LPP's own property. Each LPP or LPP
firm must create and maintain a special account, called an Interest on
Licensed Paralegal Practitioners Trust Account ("IOLPPTA account"),
which is an interest or dividend- bearing trust account for client funds.
Money held in an IOLPPTA must be immediately available. An LPP
must deposit into the IOLPPTA legal fees and expenses that
have been paid in advance, to be withdrawn by the LPP only as fees are
earned or expenses incurred. Where any money from an IOLPPTA is
retained by the LPP, the LPP must inform the client in writing of the
reason for retaining the money.
◉ FIDC . Answer: Facts (only relevant ones)
Issues