Code of Ethics and Professional Responsibility of Paralegals: Canons
The term "canon" is used to refer to rules, standards of conduct, and general maxims that are accepted as fundamentally binding in a particular field or group. There would be no need for laws if all people were innately honest and just. This is not the case, as a significant number of individuals in our society are motivated by selfish desires and conduct themselves in destructive ways. However, people can be constrained from acting in harmful or irresponsible ways by social expectations, as well as by authoritative or governmental bodies that impose and enforce laws, rules, and regulations.
For example, professional groups such as the American Bar Association establish methods of disciplining themselves. These disciplinary standards applied to legal professionals are higher than those applied to the general population, because professionals believe that they must be held to a higher standard. Professional disciplinary boards impose a variety of disciplinary measures and sanctions against practitioners who violate the applicable professional code of ethics. A lawyer who violates the ABA Professional Rules of Conduct may be disbarred or lose his license temporarily or permanently. Disciplinary boards and codes of ethics can also be used to help members of the profession improve. Many organizations, including the national and state bar associations, offer and require members to complete courses in ethical training and continuing legal education. Members who breach these codes of ethics may be required to complete additional ethics courses. In this way, professional disciplinary mechanisms serve as an internal policing system.
The canons of ethics set forth by the National Association of Legal Assistants, Inc., are a general guide intended to aid paralegals and attorneys. A paralegal must abide by the accepted standards of legal ethics and to the general principles of proper conduct. Paralegal performance is evaluated pursuant to these canons so that the integrity and goals of the profession can be attained.
II. What are the nine canons?
Canon 1. Maintain integrity and competence.
A. A lawyer has the responsibility to represent every client with integrity and competence.
B. As a paralegal, I must provide competent assistance to the attorney, ensuring that I have adequate legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation of the client. If I were representing defendant Simmons in the case of Simmons v. State, 288 S.W.3d 72 (2009), I would assist the attorney in doing whatever intestigation, pretrial workup and legal research necessary to advocate on Simmons' behalf.
Canon 2. Make legal counsel available to those in need.
A. As much as possible, a lawyer should attempt to provide legal services to all who need it, regardless of ability to pay. Lawyers should aspire to provide legal aid at no fee or a significantly reduced fee to people with limited means.
B. As a paralegal, I will volunteer my time to provide paralegal services to those who cannot afford it, through community organizations, churches, and legal aid groups. It is unknown in the case of Simmons whether the defendant paid for private counsel or whether he had a public defender or a court appointed attorney at no charge. The United States Constitution provides that all criminal defendants are entitled to a lawyer, and to effective assistance of counsel. If I were the paralegal assisting the defense lawyer representing Simmons, I would invest my best effort regardless of Simmons' ability to pay.
Canon 3. Preventing the Unauthorized Practice of Law.
A. Lawyers should actively prevent the unauthorized practice of law. This includes the lawyer practicing outside the lawyer's bar jurisdiction, presenting himself as being able to practice law outside his jurisdiction, or allowing nonlawyers to practice law on his behalf.
B. As a paralegal, I will not engage in the practice law or advise any clients as to the law, including setting fees or establishing attorney-client relationships. This is strictly the job of the supervisory lawyer. However, I can provide law-related services, which...
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