law 20 competence. legal education o attorneys o law school: 3-4 years o bar examination o moral...
TRANSCRIPT
Law 20Competence
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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Competence
o Legal knowledge, skill, thoroughness, preparation
o Reasonable diligence and promptness
o Communication with clients
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Knowledge
o Appropriate formal educationo Specialization
o Intellectual Propertyo Estate Planningo Family Lawo Litigation
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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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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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Diligence and Promptness
o Must be timely and attentive to the legal matter
o Statutes of Limitations
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Communication with Clients
o Return phone calls and emails promptly
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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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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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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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