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Legal Ethics
in their purest form, what is right and what is wrong; the
minimum standards of appropriate conduct within the legal
profession
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.
The "Law"
Rule 14-802
(b)(2) The "law" is the collective body of declarations by
governmental authorities that establish a person's rights,
duties, constraints and freedoms and consists primarily
of:
(b)(2)(A) constitutional provisions, treaties, statutes,
ordinances, rules, regulations and similarly enacted
declarations; and
(b)(2)(B) decisions, orders and deliberations of adjudicative,
legislative and executive bodies of government that have
authority to interpret, prescribe and determine a person's
rights, duties, constraints and freedoms.
(b)(3) "Person" includes the plural as well as the singular and
legal entities as well as natural persons.
Exceptions to Rule 14-802
(c) Exceptions and Exclusions for Licensed Paralegal
Practitioners. A person may be licensed to engage in the
limited practice of law in the area or areas of (1) temporary
separation, divorce, parentage, cohabitant abuse, civil