Code of Ethics and Professional Responsibility of the National Association of Legal Assistants, Inc. ("NALA") and Adopted by the Nebraska Paralegal Association ("NePA").
Preamble
A legal assistant must adhere strictly to the accepted standards of legal ethics and to the general principles of proper conduct. The performance of the duties of the legal assistant shall be governed by specific canons as defined herein so that justice will be served and goals of the profession attained. (See NALA Model Standards and Guidelines for Utilization of Legal Assistants, Section II)
The canons of ethics set forth hereafter are adopted by the National Paralegal Association as a general guide intended to aid legal assistants and attorneys. The enumeration of these rules does not mean there are not others of equal importance although not specifically mentioned. Court rules, agency rules and statutes must be taken into consideration when interpreting the canons.
Definition
Legal assistants, also known as paralegals, are a distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal education, training and experience, legal assistants have knowledge and expertise regarding the legal system, and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney.
Canon 1. A legal assistant must not perform any of the duties that attorneys only may perform nor take any actions that attorneys may not take.
Canon 2. A legal assistant may perform any task which is properly delegated and supervised by an attorney, as long as the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product. (See NALA Model Standards and Guidelines for Utilization of Legal Assistants, Sections IV and VII)
Canon 3. A legal assistant must not (See NALA Model Standards and Guidelines for Utilization of Legal Assistants, Section VI):
engage in, encourage, contribute to any act which could constitute the unauthorized practice of law; and
establish attorney client relationships, set fees, give legal opinions or advice or represent a client before a court or agency unless so authorized by that court or agency; and
engage in conduct or take any action which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety.
Canon 4. A legal assistant must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. The services of an attorney are essential in the public interest whenever such legal judgment is required. (See NALA Model Standards and Guidelines for Utilization of Legal Assistants, Section VII)
Canon 5. A legal assistant must disclose his or her status as a legal assistant at the outset of any professional relationship with a client, attorney, a court or administrative agency or personnel thereof, or a member of the general public. A legal assistant must act prudently in determining the extent to which a client may be assisted without the presence of an attorney. (See NALA Model Standards and Guidelines for Utilization of Legal Assistants, Section V)
Canon 6. A legal assistant must strive to maintain integrity and a high degree of competency through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law to better assist the legal profession in fulfilling its duty to provide legal services.
Canon 7. A legal assistant must protect the confidences of a client and must not violate any rule or statute now in effect or hereafter enacted controlling the doctrine of privileged communications between a client and an attorney. (See NALA Model Standards and Guidelines for Utilization of Legal Assistants, Section V)
Canon 8. A legal assistant must do all other things incidental, necessary, or expedient for the attainment of the ethics and responsibilities as defined by statute or rule of court.
Canon 9. A legal assistant’s conduct is guided by bar associations’ codes of professional responsibility and rules of professional conduct.
Membership in NePA shall be open to legal assistants, students in legal assistant programs, attorneys or paralegal educators and any individual or firm who endorses the legal assistant concept or is involved in the promotion of the legal assistant profession, based on approval of NePA through its Board of Directors, and who qualifies according to the requirements set forth in the Standing Rules of NePA.
The Board of Directors of NePA may at any time or from time to time prescribe further rules and regulations defining and governing the admission to all classes of membership in NePA, which said rules and regulations shall be set forth in the Bylaws or Standing Rules of NePA.
It is not required that all members of NePA become members of NALA. By virtue of affiliation, the requirements of membership in NALA are set out in its Bylaws and Standing Rules.
Qualifications for active members (voting status).
Any individual who is actively employed as a legal assistant and who meets one of the following shall qualify for active membership:
Any individual who has successfully completed a curriculum of training as a legal assistant or who is certificated by a university, college, junior college or other approved school as having successfully completed a full course of studies prescribed for training as a legal assistant, plus not less than six months of in-house training as a legal assistant, whose attorney/employer attests that such person is qualified as a legal assistant; provided, however, that all such schools, curricula and certifications shall be subject to the approval of NePA; or
Any individual who has a minimum of three years of law-related experience under the supervision of an attorney, including at least six months of in-house training as a legal assistant, whose attorney/employer attests that such person is qualified as a legal assistant; or
Any individual without prior law-related experience who has a minimum of two years of in-house training as a legal assistant whose attorney/employer attests that such person is qualified as a legal assistant; or
Any individual who has successfully completed the CLA examination administered by NALA whose attorney/employer attests that such person is qualified as a legal assistant.
Qualifications for associate members (nonvoting status).
The following shall qualify for associate membership:
Those members of bar associations, law firms, corporations or other individuals endorsing the legal assistant concept or involved in the promotion of the legal assistant profession;
Those members of the educational field and legal assistant program representatives endorsing the legal assistant concept or involved in the promotion of the legal assistant profession; or
Those persons directly involved in the supervision of legal assistants.
Qualifications for student members (nonvoting status).
The following shall qualify for student membership:
Those individuals who are students in good standing in any university, college, junior college or other school pursuing a course of studies as a legal assistant enrolled with a minimum of six (6) credit hours per semester; provided, however, that all such schools, curricula and certifications shall be subject to the approval of NePA.
Each year, student members must have a school official sign an attestation that said member is qualified for student membership status as outlined above.
If a student member ceases attending a school or ceases to be enrolled in a legal assistant program, or transfers to another program, the student membership may continue until the end of the fiscal year, if dues are paid, or until such time the student member qualifies for active membership within that fiscal year.
Student membership may not be renewed if eligible for active membership.
If a student membership is not renewable at the end of a fiscal year, and such student member does not qualify for active membership, such member may transfer membership to associate membership, provided written request for such transfer membership is made and the applicable fees paid.
Qualifications for honorary members (nonvoting status).
The following shall qualify for honorary membership:
Any person who has performed some distinguished service to NePA, NALA or the community in general, and who is not a member of NePA, may be elected as an honorary member and shall have all the privileges of active members for a period of two years, except the right to vote and hold office.
Qualifications for sustaining members (nonvoting status).
The following shall qualify for sustaining members:
Any law firm, corporation or legal assistant program representative who endorses the legal assistant concept or is involved in the promotion of the legal assistant profession and who contributes dues as set forth in the Bylaws or Standing Rules of NePA.
Application for individual membership.
Application for membership shall be submitted to NePA on forms approved by NePA. The forms should clearly state that NePA is an affiliated association of NALA and that all members are bound by the NALA Code of Ethics and Professional Responsibility in addition to any code adopted by NePA. Such application form must be properly completed, including signature by the applicant and any attestation required, or a copy of the appropriate certificate attached, and must be accompanied by correct payment of dues and initiation fee, if applicable. The initiation fee is paid only upon initial application for active membership.
The application is submitted to the Vice President, who is in charge of membership for NePA, and who shall verify the contents of the application, determine if the application is properly completed and if the applicable fee is correct. The application for membership is then submitted to the Board of Directors for approval.
Voting for approval of each membership application is necessary because NePA must maintain ultimate discretion in assessing qualifications of applicants. Since any one person’s actions may be construed as representative of NePA, any applicant who does not qualify should not be granted membership.
If a portion of a registration fee to a meeting or seminar is offered as a discount to apply to membership dues, such discount shall apply only prior to or during the meeting at which it is offered.
If the application is incomplete or if the applicant does not meet the requirements for membership as set forth in Article VI of the Bylaws and in these Standing Rules, the Vice President shall contact the applicant for further information. In the event of a question as to the eligibility for membership, the matter shall be presented to the Board of Directors for determination.
Immediately upon approval of the application, the Vice President shall:
send cards for approved members to the President for signature;
update the membership roster; and
notify the applicant that he/she has been accepted for membership, enclosing membership card and other material.
Application for membership shall be rejected if the applicant does not meet the qualifications set forth herein. The Vice President shall notify the applicant of such rejection.
Active members may retain this status though not employed as set forth herein, provided they have been active members of NePA for at least one year and continue to pay such dues as may be required by this class of membership. Said members shall retain all the privileges of active membership, except the right to hold office as an Officer or Director.
Members of NePA may be represented in a district either in their places of employment or in their places of residence. Any member residing in a different district other than where employed will declare choice of representation to the Vice President. In the event a member neglects to declare choice of representation to said Officer, the member’s representation shall be declared to be in the district where employed.
Transfer of student membership to active membership.
The transfer from student membership to active membership requires the following:
Successful completion of or graduation from the training course in accordance with the requirements as set forth in the Standing Rules of NePA and submission of a copy of said certificate to the Vice President of NePA.
Compliance with the provisions of Section 3(A) of these Standing Rules and submission of the required signed attorney/employer attestation form or passing the CLA exam.
Payment of the initiation fee.
Rejoining NePA.
In the event a former active member is desirous of rejoining NePA, no initiation fee will be assessed if that membership has lapsed for twelve (12) months or less. If the active membership has lapsed over twelve (12) months, a reinstatement fee of $10.00 will be assessed from that member in lieu of an initiation fee.
Resignation of members.
A member may resign at will by submitting a written resignation to NePA at its principal office. Such resignation shall be deemed to be effective when accepted either by the Board of Directors or by the Executive Committee if it has no effective date stated therein. Dues for the current year will be forfeited.
Cancellation of membership.
The Board of Directors shall cancel the membership of any member by a majority vote upon determining that such member has (1) been convicted of a felony or (2) violated the Code of Ethics of NePA. Additionally, the Board of Directors may cancel the membership of any member by majority vote upon determining that such member has (a) been guilty of conduct actually and substantially to injure the good name of NePA or (b) failed to maintain a high standard of professional ethics, which in either case would have been deemed sufficient for a rejection of membership application. Right to appeal shall be as provided in the Standing Rules of NePA and not otherwise.
Provisions contained in Robert’s Rules of Order, Newly Revised concerning formal procedure for expulsion must be followed.
Information that membership should be canceled for an individual must be filed with the President. Upon receipt of such information, the President shall notify the Executive Committee, which shall determine if such information warrants further investigation. If it is determined that further investigation is warranted, the President shall then notify the member whose membership has been placed in jeopardy. The President shall request the Executive Committee to thoroughly investigate such charge. The Executive Committee shall report its findings to the Board of Directors within sixty (60) days, unless extension of time is granted by the President for cause. All such investigations shall be private, and the name of the member under investigation shall not be disclosed to any person other than to persons whose testimony is necessary in connection with the investigation or to the Board of Directors. In the event the President is the subject of an investigation, the President will be relieved of his/her duties related to this section and such duties shall be reassigned to the President-Elect. All communications concerning such proceedings are to be marked “Confidential,” and all files are to be maintained in strict confidence.
The Secretary shall notify the member within fifteen (15) days of the action of the Board of Directors by certified mail to addressee only, return receipt requested.
Appeal from cancellation of membership.
Any individual whose membership in NePA shall have been canceled may make written appeal for reinstatement to NALA as follows:
To the Board of Directors, which appeal shall be considered and passed upon at the next regular or special meeting of the Board of Directors held thirty (30) days or more thereafter. Appellant shall have the right to appear before the Board of Directors at said meeting.
To the membership, by forwarding written notice of appeal to the Secretary at the principal office of NePA not less than ninety (90) days prior to the date of the next annual meeting. Such notice shall be placed upon the agenda of the next annual meeting as one of the items of regular business scheduled. The appellant will be reinstated only upon majority vote at such meeting.
No individual whose membership shall have been canceled as aforesaid shall have the right to apply for reinstatement more than one time.
No individual whose membership shall have been canceled and whose application for reinstatement shall be pending shall exercise any rights of membership pending the determination of such application.
Miscellaneous.
No member shall act in the name of or on behalf of NePA without prior approval of the Board of Directors of NePA.
No member shall be compensated for NePA duties. However, persons may be reimbursed for out of pocket expenses in connection with NePA related activities, provided the expenses have been authorized and approved by the Board of Directors.