Central Florida Paralegal Association, Inc.

 

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Setting the Standard for Paralegal Excellence in Central Florida since 1983

Legal Ethics

A Basic Guide for Paralegals:
Ethics, Confidentiality and Privilege

By: Thomas E. Spahn, Esquire of McGuire Woods LLP

Click this link to view the Guide


*Posted with the permission of Mr. Spahn.


The Supreme Court of Florida by these rules establishes the authority and responsibilities of The Florida Bar, an official arm of the court.   Specifically, Rule 4 details the Rules of Professional Conduct.  These Rules include:

4-1 Client-Lawyer Relationship
4-2 Counselor
4-3 Advocate
4-4 Transactions With Persons Other Than Clients
4-5 Law Firms And Associations
4-6 Public Service
4-7 Information About Legal Services
4-8 Maintaining The Integrity Of The Profession

USE OF CERTIFICATION MARKS

On July 20, 2004, NALA was successful in its registration of the certification mark CP®.  To help our members further understand the proper use of the CLA or CP designations, we would like to refer you to NALA’s website, and in particular NALA’s instructions on the use of certification marks.  You can review information, as well as the designation instructions at http://www.nala.org/cert.htm.  For further information, please contact NALA nala@nala.org or phone 918-587-6828.

Florida Certified Paralegals - Similar to the CLA/CP offered by NALA, this certification examination is administered by the Paralegal Association of Florida (PAF) and is open only to those paralegals who have already obtained their CLA/CP from NALA or RP from NFPA.  This one-day examination covers Florida state specific regulations and is offered once a year, usually in October.  PAF offers a review course and manual to prepare for the examination.  The former designation was CFLA but is now recognized by FCP, usually after the CLA/CP designation and before the FRP statement.  For more information on becoming a Florida Certified Paralegal (FCP), visit the PAF website at:  http://pafinc.org/certification.

Florida Registered Paralegal 
and FRP are trademarks of The Florida Bar.   From the Florida Bar website, the following excerpt is from the FAQs:


Q: Once I am registered, what designation may I use?
A: The rule provides that "[a] Florida Registered Paralegal shall disclose his or her status as a Florida Registered Paralegal at the outset of any professional relationship with a client, attorneys, a court or administrative agency or personnel thereof, and members of the general public." You may either say Florida Registered Paralegal or FRP. However, if you state FRP, you must also state paralegal. For example:

J. Doe, FRP
Paralegal
Law Office

Q: I am also certified by another organization. When listing my credentials, which do I list first? Do I need to list all of my credentials?
A: You should check with the other organization. The Florida Bar rule does not control the order. However, you must state that you are a Florida Registered Paralegal. (see question above as to disclosure requirement)

NALA has no controlling interest over the order of credentialing paralegals.  It is most commonly seen, however, for paralegals to list their national certification (CP/ACP) and then follow it with FRP.  However, the designation is not complete, as stated above, until the word 'paralegal' is spelled out.


The ABA & Ethics

ABA Model Rules of Professional Conduct

The ABA Model Rules of Professional Conduct were adopted by the ABA House of Delegates in 1983. They serve as models for the ethics rules of most states. Before the adoption of the Model Rules, the ABA model was the 1969 Model Code of Professional Responsibility. Preceding the Model Code were the 1908 Canons of Professional Ethics (last amended in 1963).  2007 Edition of the Model Rules is the current text of the Model Rules, complete with all amendments to date.  To purchase a hard copy, call the ABA Service Center at 800-285-2221 and ask for PC #2150017.

 


Page revised 11/24/2010
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Post Office Box 1107  Orlando, Florida  32802     407-672-6372