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Conflict of Interest
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
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have been paid in advance, to be withdrawn by the LPP only as fees are earned or expenses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
Facts (only relevant ones)
Issues
Discussion
Conclusion
(use the above order for final product. But when creating the memo, determine possible
issues first after reading applicable law. Then write the issues section first, conclusion next,
discussion section next, then list the relevant facts section out)
, IRAC
Issues
Rule
Analysis
Conclusion
Fees for LPPs
The principle of fairness should govern the fees that an LPP charges his or her client. An LPP
may not charge or collect an unreasonable fee or an unreasonable amount for expenses. Some
of the factors to be considered when deciding if the LPP's fees are reasonable include the
education and training of the LPP, the complexity of the matter and the usual rate for LPP
services in that geographic location, among others.
Duty of Candor toward the Tribunal
Some of the ways this duty is satisfied are:
Not making any false statement.
Not misleading the court or being complicit in misleading the court.
Informing the court immediately if the LPP has inadvertently misled the court
Ensuring that facts are fairly and accurately presented, even where this may go against a
LPP's own interests.
Conducting the client's case in a timely manner.
Complying with court orders and advise the client to comply with court orders.
Ensuring that confidential matters or statements remain confidential.
In addition, LPPs also owe a duty to act with fairness to the opposing party and their counsel.
Advertising/Soliciting
Codes of ethics usually prohibit lawyers from soliciting business from a potential client.
Likewise, LPP's are also prohibited from soliciting. Specifically, an LPP cannot by any
means, solicit professional employment from a prospective client when a significant motive
for the contact is the LPP's financial gain unless the person contacted:
Is a lawyer or another LPP.
, Has a family, close personal, or prior professional relationship with the LPP, or
Is unable to make personal contact with a lawyer or licensed paralegal
This means that an LPP should not approach a prospective client to obtain work. To assist the
public in learning about and obtaining legal services, LPP's are allowed to make known their
services through advertising as long as the advertisements comply with the ethical rules. For
example, an advertisement must not be misleading or false and it should contain the name
and office address of at least one LPP or law firm responsible for the content.
LPP Discipline
In order for ethical standards to be effective, they must be enforceable. Disciplinary
proceedings are key to ensuring that rules of ethics are enforceable. The purpose of LPP
disciplinary and disability proceedings is to ensure and maintain the high standard of
professional conduct required of those who undertake the discharge of professional
responsibilities as LPP and to protect the public and the administration of justice from those
who have demonstrated by their conduct that they are unable or unlikely to properly
discharge their professional responsibilities. For LPPs, the possible sanctions that may be
imposed include de-licensure, suspension, reprimand and admonition. The interests of the
public, the courts, and the legal profession all require that disciplinary proceedings at all
levels be
conducted so as to obtain the just and speedy resolution of every complaint.
Legal Ethics
in their purest form, what is right and what is wrong; the minimum standards of appropriate
conduct within the legal profession
Licensed Paralegal Practitioner (LPP)
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.