Essay on "Code of Ethics and Professional"

Essay 4 pages (1667 words) Sources: 1

[EXCERPT] . . . .

Acting competently, diligently, being prompt and attentive, honest and communicative, are all part of zealous advocacy.

B. As a paralegal, I will strive to work hard and diligently, and I will be dedicated to advocating in the interest of the lawyer, who in turn represents the client. In Simmons, there are no issues pertaining to a lawyer's zealous advocacy presented.

Canon 8. Improve the legal system.

A. Lawyers must endeavor to maintain the integrity of the legal system and improve its functioning. Preserving the integrity of the system requires that lawyers not make false statements or misrepresentations of fact, act fraudulently, or engage in conduct that is prejudicial to the administration of justice.

B. As a paralegal, I will exercise appropriate discretion, act professionally responsible, and be honest and clear in all my communications. In Simmons, there are no issues raised with respect to a lawyer's duty to maintain the integrity of the legal system. However, there is an argument that the Constitution is undermined and the criminal justice system fails to serve the purpose of protecting safety in society, when an individual can be searched because he dropped some tiny pieces of a ticket on the ground. However, this is a critique of the justice system, not an application of the ethical canon.

Canon 9. Avoid professional impropriety.

A. Lawyers should avoid even the appearance of professional impropriety. Client trust funds and lawyer accounts should not be co-mingled to avoid financial impropriety. In addition, a lawyer should not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced. B. As a paralegal, I will not handle fees or co-mingle funds, and I will not engage in sexual relations with clients. There are no facts suggesting any impropriety on the part of the lawyers involved in the Simmons case.

References

The Association of Legal Assistants & Paralegals Code of Ethics & Professional Responsibility. www.nala.org www.law.cornell.edu/ethicsaba

American Bar Association Model Rules of Professional Conduct www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_preamble_scope.html READ MORE

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