February 22, 2022

REVIEWER 1: LAW FIRM MANAGING 2

MALPRACTICES
 Why is ethics and malpractices important to the legal assistant?
o In the legal world, ethical behavior is of the utmost importance. ... If paralegals breach
legal ethics, serious sanctions can result, including suspension or revocation of your
paralegal license, a fine, loss of your job, or, if there was criminal activity, referral to the
appropriate authorities.
o A paralegal must adhere strictly to the accepted standards of legal ethics and to the
general principles of proper conduct. The performance of the duties of the paralegal
shall be governed by specific canons as defined herein so that justice will be served and
goals of the profession attained.
 Legal Ethics and Professional Responsibility
o Legal ethics is a term used to describe a code of conduct governing proper professional
behavior, which establishes the nature of obligations owed to individuals and to society.
In order to maintain a license to practice law, attorneys agree to uphold the Rules of
Professional Conduct, adopted by the American Bar Association (ABA) in 1983. The
ABA's rules have been adopted by the bar associations of all U.S. states except
California, which has a similar code but with a different format (see California Rules of
Professional Conduct for details).
 Commingling: Act of mingling funds of one's beneficiary, client, employer, or
ward with his or her own funds; generally considered a breach of the attorney's
fiduciary responsibility.
 Fiduciary: One often in a position of authority who obligates himself to act on
behalf of another (as in managing money or property) and assumes a duty to act
in good faith and with care, candor, and loyalty in fulfilling the obligation.
 Confidentiality: The relation between lawyer and client which guarantees any
information shared by the client is treated as private and as such cannot be
divulged to third parties without the client's consent.
o Sometimes called legal ethics, sometimes professional responsibility, the topic is
perhaps most comprehensively described as the law governing lawyers. Since lawyers
are admitted to practice by states this topic is largely one of state law.
o Professional responsibility courses include matters pertaining to basic legal ethics, as
well as bar admissions, legal advertising, disbarment proceedings, ineffective assistance
of counsel, and judicial misconduct.
 Malpractice and Malpractice Prevention