Statsky Chapter 1

American Association for Paralegal Education

- largest professional legal association in the US
- no specific to any jurisdiction
- sets academic standards for law schools

Set rules created by the ABA
- baseline standards for legal ethics and professional responsebility for laywers (recommended for paralegals)

basic certification for legal professionals from NALS

legal concept that protects communication between a client and his attorney and keeps those communications confidential

- used in law firms, when part of the firm, representing a party of a deal or litigation, is seperated from another part with contrary interest
- illegal in Ohia

- used in law firms, when part of the firm, representing a party of a deal or litigation, is seperated from another part with contrary interest
- illegal in Ohia

designation from NALA after taking and passing a 2-day exam

- a conflict between the private interests and the official or professional responsibilities of a person in position of trust
- a conflict between competing duties

a person qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts as customarily but not exclusively performed by a lawyer.

a person qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts as customarily but not exclusively performed by a lawyer.

- provides continuing educaiton for legal assistants and paralegals
- responsible for content, standards and administration of the certified legal assistant/paralegal program

administrates ALS, PLS and PP

retains PES to administer the PACE

- Paralegal Advance Competency Exam
- administered by PES

- Professional Education System
- administers PACE

advanced certification for legal professionals from NALS

Professional Paralegal certified by NALS

exemption from a requirement to disclose information granted because of a relationship or position that demands confidentiality

those rules that govern the mechanics of resolving a dispute in court or in an administrative agency

The great can protect themselves, but the poor and humble require the arm and shield of the law.

nonprocedural rules that govern rights and duties, e.g. the requirements for the sale of land and the elements of battery

training in the law (usually short-term) that a person receives after completing his or her formal legal training

a paralegal who is an employee of an attorney

one who operates his or her own business and contracts to do work for others who do not control many of the administrative details of how the work is performed

personal injury

one who provides paralegal services for an attorney who represents clients in transactions such as entering contracts, incorporating a business, closing a real estate sale, or planning an estate

a program that manages computer mailing lists automatically, including the receipt and distribution of messages from and to memebers of the list

an independent contractor (1) who sells his or her services to, and works under the supervision of, one or more attorneys; or (2) who sells his or her paralegal services directly to the public without attorney supervision.

conduct by a person who does not have a license to practice law or other special authorization needed for that conduct

nonclerical tasks that require legal experience or training; tasks that justify an award of paralegal fees

a fee that is paid onlyif the case is successfully resolved by litigation or settlement

a fee that an attorney can collect for the nonclerical work of his or her paralegal on a client case

the operating expenses of a business for which customers and clients are not charged a seperate fee

the winning party cannot recover attorney fees and costs of litigation from the losing party unless (1) a statute authorizes such payment, (2) a contrct between the parties provides for such payment, or (3) the court finds that the losing party acted in bad faith in the litigation

the losing side in litigation must pay the winner's attorney fees and costs

the process of forcing one party to pay another's attorney fees and costs in litigation

a case applying a special statute that gives a judge authority to order the losing party to pay the wining party's attorney and paralegals fees

a method of calculating an award of attorney fees authorized by statute. the number of reasonable hours spent on the case is multiplied by a reasonable hourly rate.

an attorney's employee who is in law school studying to become an attorney or who has graduated from law school and is waiting to pass the bar examination

existing or occurring in the same period of time; pertaining to records that are prepared on events as the events are occurring or shortly thereafter

making profit from the income-generating work of others

a minimum number of hours expected from a timekeeper on client matters that can be charged (billed) to clients per week, month, year, or other time period

a general guideline used by some law firms to identify budget expectations from hiring paralegals; gross revenue generated through paralegal billing should equal three times a paralegal's salary

the hourly rate that a law office actually collects from the billable hours submitted by an attorney or paralegal