| UPL | Conflict of interest | Confidentiality | responsibilities of paralegals |
|---|---|---|---|
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what does UPL stand for.
Unauthorized Practice of Law.
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what is conflict of interest?
conflict of interest a situation in which a person has a duty to more than one person or organization.
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What is Confidentiality?
Confidentiality involves a set of rules or a promise that limits access or places restrictions on certain types of information.
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can a paralegal prepare affidavits for their supervising attorney?
yes, Preparing affidavits, legal correspondence and other documents for attorneys are what paralegals do.
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If a friend gets into a car accident would it be considered legal advice to tell them to sue for or pursue legal action?
Yes, this would be considered givng legal advice as you are telling them what they should do next with there incident.
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If a lawyer represents his client in a divorce is it considered Conflict of interest if the opposing party later wants to the lawyer represent them?
yes, this could become a conflict of interest later on in the line.
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Is talking about a case breaking confidentiality?
Yes, this id disclosing private info to other who are not involved in the case.
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can a paralegal file for an extension without the attorneys supervision and/ or permission?
No a paralegal may not file for an extension without the lawyers permission.
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is Teaching a patron how to use legal materials and how to conduct effective legal research considered legal advice?
No, this considered giving legal reference and helping them find out where to look for information.
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Could representing a family member be considered Conflict of Interest?
Yes, it may become Conflict of Interest because you will be helping a family member.
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If a client claims to have killed someone is the Confidentiality?
yes, it is considered confidentiality.
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can a paralegal attend administrative hearings?
Yes, paralegals are allowed to attend hearings in some but rare events.
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Should you automatically assume the client knows you are the paralegal?
No, it is in your best intrest to tell the client multiple times that you are the paralegal and you cant answer legal questions.
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How could conflict of Interest be prevented?
Recommend another practicing attorney or tell them where to look for a practicing attorney.
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If a client says they are going to murder someone is this protected under confidentiality clause?
No, it is not protect because they are going to commit another crime.
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can a paralegal settle fees?
No, they may not this would be considered UPL and is a violation
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If a client has a legal question you know the answer to, as a paralegal should you answer it?
No, Under any circumstances should you the paralegal answer any legal questions
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how does conflict of interest begin?
A conflict of interest can occur when you or a legal professional has clients with different interest between them.
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are there exceptions to breaching confidentiality?
seeking to use the attorney services to perpetrate fraud. the lawyer may disclose confidential info to protect themselves.
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Can a paralegal represent social security claimants.
Paralegals MAY Represent Claimants in SSDI Cases, this is one area where paralegals may represent claimants at the actual hearing.
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