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Lawyer Ethics When Working with Paralegals

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Description

Paralegals are often essential for lawyers to successfully practice law.

Paralegals conduct basic legal research, help review and prepare documents, and sometimes screen clients. Still, they are not lawyers and not directly subject to the ethics rules applicable to lawyers. But the lawyers who supervise their work are responsible for their actions and liable for any improper conduct.

Lawyers are responsible for ensuring that their paralegals' work conforms to ethics rules. If a paralegal's actions breach client confidentiality, compromise the attorney-client privilege, or are otherwise improper, the supervising lawyer is ethically responsible for that misconduct.

This program provides a practical guide to how ethics rules make supervising lawyers responsible for the actions of their paralegals.

  • Conflicts of interest and the attribution of paralegal knowledge about client matters
  • Determining when paralegal research and document preparation becomes the unauthorized practice of law
  • How paralegals must be instructed about client confidentiality – and lawyer consequences on breach
  • Attorney-client privilege implications when clients communicate with paralegals – and risk of inadvertent disclosure
  • Issues when paralegals participate in discovery
  • Fee sharing with paralegals

Contributors

  • Thomas E. Spahn

    Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections. For more than 20 years he has lectured extensively on legal ethics and professionalism and has written "The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner's Guide," a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School

    Click here for more information about Thomas.

January 20, 2023
Fri 1:00 PM EST

Duration 1H 0M

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