| Each NALA member agrees to follow the canons
of the NALA Code of Ethics and Professional Responsibility
Violations of the Code may result in cancellation of membership.
First adopted by the NALA membership in May of 1975, the Code of Ethics
and Professional Responsibility is the foundation of ethical practices of
paralegals in the legal community.
A legal assistant 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 legal assistant shall be governed by specific canons as
defined herein so that justice will be served and goals of the profession
attained. (See Model Standards and Guidelines for Utilization of Legal
Assistants, Section II.)
The canons of ethics set forth hereafter are adopted by the National
Association of Legal Assistants, Inc., as a general guide intended to aid
legal assistants and attorneys. The enumeration of these rules does not
mean there are not others of equal importance although not specifically
mentioned. Court rules, agency rules and statutes must be taken into
consideration when interpreting the canons.
Definition: Legal assistants, also known as paralegals, are a
distinguishable group of persons who assist attorneys in the delivery of
legal services. Through formal education, training and experience, legal
assistants have knowledge and expertise regarding the legal system and
substantive and procedural law which qualify them to do work of a legal
nature under the supervision of an attorney.
In 2001, NALA members also adopted the ABA definition of a legal
assistant/paralegal, as follows:
A legal assistant or paralegal is a
person qualified by education, training or work experience who is
employed or retained by a lawyer, law office, corporation,
governmental agency or other entity who performs specifically
delegated substantive legal work for which a lawyer is responsible.
(Adopted by the ABA in 1997)
Canon 1.
A legal assistant must not perform any of the duties that attorneys
only may perform nor take any actions that attorneys may not take.
Canon 2.
A legal assistant may perform any task which is properly delegated and
supervised by an attorney, as long as the attorney is ultimately
responsible to the client, maintains a direct relationship with the
client, and assumes professional responsibility for the work product.
Canon 3.
A legal assistant must not: (a) engage in, encourage, or contribute to
any act which could constitute the unauthorized practice of law; and (b)
establish attorney-client relationships, set fees, give legal opinions or
advice or represent a client before a court or agency unless so authorized
by that court or agency; and (c) engage in conduct or take any action
which would assist or involve the attorney in a violation of professional
ethics or give the appearance of professional impropriety.
Canon 4.
A legal assistant must use discretion and professional judgment
commensurate with knowledge and experience but must not render independent
legal judgment in place of an attorney. The services of an attorney are
essential in the public interest whenever such legal judgment is required.
Canon 5.
A legal assistant must disclose his or her status as a legal assistant at
the outset of any professional relationship with a client, attorney, a
court or administrative agency or personnel thereof, or a member of the
general public. A legal assistant must act prudently in determining the
extent to which a client may be assisted without the presence of an
attorney.
Canon 6.
A legal assistant must strive to maintain integrity and a high degree
of competency through education and training with respect to professional
responsibility, local rules and practice, and through continuing education
in substantive areas of law to better assist the legal profession in
fulfilling its duty to provide legal service.
Canon 7.
A legal assistant must protect the confidences of a client and must
not violate any rule or statute now in effect or hereafter enacted
controlling the doctrine of privileged communications between a client and
an attorney.
Canon 8.
A legal assistant must do all other things incidental, necessary, or
expedient for the attainment of the ethics and responsibilities as defined
by statute or rule of court.
Canon 9.
A legal assistant's conduct is guided by bar associations' codes of
professional responsibility and rules of professional conduct. |
