|
Code of Ethics and Professional Responsibility of the
Capital Area Paralegal Association
Fundamental to the success of any professional organization
are the integrity of its members and a high standard of conduct.
This Code of Ethics and Professional Responsibility is promulgated
by the Capital Area Paralegal Association and accepted by its
members to accomplish these ends. Members of this organization
are required to abide by the principles established herein.
These guidelines are not intended to be all-inclusive, but rather
to set forth policy in basic areas requiring sound judgment on
the part of a legal assistant. The enumeration of these canons
does not exclude others of equal importance although not specifically
mentioned. A legal assistant is a non-lawyer, while not admitted
to the practice of law in Texas, who has, through education, training
and/or experience, demonstrated knowledge of the legal system,
legal principles and procedures and whose work involves the performance
of substantial paralegal services in rendering direct assistance
to an attorney, while under the supervision of the attorney and
for whose work said attorney is responsible. In affirming this
Code of Ethics, the legal assistant is fully cognizant of the
burden imposed upon him or her.
Canon 1. A legal assistant shall not engage in the practice
of law as defined by statutes or court decisions, privately, publicly,
directly or indirectly, including but not limited to accepting
cases or clients, setting fees, giving legal advice or appearing
in a representative capacity in court or before an administrative
or regulatory agency (unless otherwise authorized by statute,
court or agency rules); the legal assistant shall assist in preventing
the unauthorized practice of law.
Canon 2. A legal assistant shall not mislead the public
as to such legal assistant's status or position.
Canon 3. A legal assistant shall not perform any of the
duties that attorneys only may perform or do things which attorneys
themselves may not do.
Canon 4. A legal assistant shall exercise extreme care
in using independent professional judgment and in determining
the extent to which a client may be assisted without the presence
of an attorney, and shall be prohibited from independently acting
in matters involving professional legal judgment.
Canon 5. A legal assistant shall preserve and protect
the confidences and secrets of a client and adhere to any statute
controlling privileged communication.
Canon 6. A legal assistant shall not solicit legal business
on behalf of an attorney.
Canon 7. A legal assistant shall not engage in performing
paralegal functions other than under the direct supervision of
an attorney, and shall not advertise or contract with members
of the general public for the performance of paralegal functions.
Canon 8. A legal assistant shall avoid, if at all possible,
any interest or association which constitutes a conflict of interest
pertaining to a client matter and shall inform the supervising
attorney of the existence of any possible conflict.
Canon 9. A legal assistant shall maintain a high standard
of ethical conduct and shall contribute to the integrity of the
paralegal and legal profession.
Canon 10. A legal assistant shall continually strive to
maintain a high degree of competency to better assist the legal
profession in fulfilling its duty to provide quality legal services
to the public.
Canon 11. A legal assistant shall remain current with
developments in the area of law in which such assistant is engaged
through continuing legal education.
Canon 12. A legal assistant shall do all other things
incidental, necessary or expedient to enhance professional responsibility
and the participation of legal assistants in the administration
of justice and public service in cooperation with the legal profession.
Canon 13. The legal assistant shall comply with this Code
of Ethics and any enforcement procedures established by the Bylaws
of this Association.
Adopted November, 1983.
Page Updated 04.18.2005
|