Code of Professional Responsibility
NALA Code of Ethics and Professional Responsibility
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.
The canons of ethics set forth hereafter are adopted by the National
Association of Legal Assistants, Inc., 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.
Definitions: 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.
Canon 3.
A legal assistant must not: (a) engage in, encourage, or contribute
to any act which could constitute the unauthorized practice of law;
and (b) 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 (c) 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.
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.
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 service.
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.
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.
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