Paralegal

Category - Ethics

An attorney employed a paralegal in the attorney’s real estate transaction. Among other duties, the paralegal was responsible for overseeing the process of having deeds, notices, and other documents recorded with the county recorder. The county recorder implemented a new process for electronically recording documents and required many businesses that regularly record documents (including law firms) to switch to electronic recording. The county recorder also offered free seminars and training in the electronic recording system, but could not afford to operate a help desk. The attorney did not make time for the paralegal to attend the free seminar and training, and when electronic recording was implemented, the firm could not record documents for several weeks. The attorney’s conduct failed to follow which of the following guidelines for utilization of paralegals?
  1. The guideline suggesting employing attorneys should designate work assignments that correspond to the paralegal’s abilities, knowledge, and training.
  2. The guideline suggesting employing attorneys should give consideration to providing paralegals with continuing education.
  3. The guideline suggesting employing attorneys should educate and train paralegals with respect to professional responsibility, local rules, and firm policies.
  4. The guideline suggesting employing attorneys should encourage paralegal membership and participation in professional organizations.
Explanation
Answer: B - The guideline suggesting employing attorneys should give consideration to providing paralegals with continuing education. “In the supervision of a legal assistant, consideration should be given to . . . providing continuing education for the legal assistant.” NALA Model Standards and Guidelines for Utilization of Paralegals, Guideline 4. Answer B is the best choice because it reflects a suggestion that employing attorneys provide opportunity for continuing education related to the paralegal’s work. None of the other answer choices are as directly related to the guideline that continuing education be provided.
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