law 20 competence. legal education o attorneys o law school: 3-4 years o bar examination o moral...

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Law 20 Competence

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Page 1: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Law 20Competence

Page 2: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Legal Education

o Attorneyso Law school: 3-4 yearso Bar Examinationo Moral Charactero Continuing Education requirements

o Paralegalso Continuing Educationo NALA – Certified Legal

Assistant/Paralegal (CLA/CP)o NFPA - PACE

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Page 3: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Competence

o Legal knowledge, skill, thoroughness, preparation

o Reasonable diligence and promptness

o Communication with clients

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Page 4: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Knowledge

o Appropriate formal educationo Specialization

o Intellectual Propertyo Estate Planningo Family Lawo Litigation

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Page 5: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Skills

o Refers to execution of taskso Drafting and analyzing

documentso Summarizing informationo Handling procedural matterso Gathering and organizing

informationo Conducting legal research

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Page 6: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Thoroughness and Preparation

o Be careful and completeo Information gatheringo Analysiso Application of judgment o Actions

o Preparationo Organizing documents and other

information before trialo Drafting documents

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Page 7: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Diligence and Promptness

o Must be timely and attentive to the legal matter

o Statutes of Limitations

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Page 8: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Communication with Clients

o Return phone calls and emails promptly

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Page 9: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Sanctions for Incompetence

o Incompetence: failure to exercise the level of care commonly observed in other professionals

o Malpracticeo Insurance

o Disciplinary proceedingso Most common bases for

malpractice claims:o Substantive incompetenceo Management incompetenceo Poor communication skills and

practiceso Fee misunderstandingso Substance abuse and stress

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Page 10: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Avoiding Malpracticeo Draft letters of engagement or letters terminating or

declining representationo Limit the extent and nature of the representation and the

expectations and responsibilities of the law firm and the client

o Clearly indicate that the lawyer is not guaranteeing a particular outcome

o Select clients carefullyo Avoid difficult personalities and questionable cases

o Fee agreements should be complete and well-draftedo Charge reasonable fees in accord with the fee

agreemento Return phone calls and emails promptlyo Listen to clients to understand their goals and

expectationso Exercise independent judgmento Have good management systems

o Conflicts checkingo Calendaringo Protect client confidentialityo Billing and time keepingo Managing client trust accounts

o Handle clients’ funds scrupulouslyo Know limits of your competence

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Page 11: Law 20 Competence. Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals

Factors Affecting Paralegal Competence

o Lack of attorney supervisiono Heavy workloado Low level of competence for

tasks that are delegated by attorney

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