Understanding the Code of Ethics for Paralegals

Paralegals support lawyers by performing a wide range of support services, including:

  • Researching relevant laws, legal precedents, and regulations
  • Gathering information and facts about lawsuits
  • Organizing and maintaining legal documents
  • Helping lawyers prepare for hearings and during trials
  • Filing legal papers with the courts and other agencies

Indeed, paralegals play crucial roles in the legal system. Paralegals enjoy good salaries for their jobs, too, with $60,970/year in median wages (BLS, May 2023). The top earners can earn more than $98,830/year.


But being a paralegal comes with other responsibilities, too. Being able to adhere to and uphold the code of ethics for paralegals is among them. This is crucial because a code of ethics maintains integrity and professionalism.

If you’re an aspiring or a new paralegal, keep on reading. We’ll discuss the basics of the code of ethics for paralegals and its significance in your career.

Related:

What Is the Code of Ethics for Paralegals?

Let’s start with the basics – its definition and purpose and the organizations that implement it.

Definition and Purpose

The Code of Ethics is a set of ethical guidelines for paralegals that sets the standards of behavior. These standards govern specific aspects of paralegal practice, including:

  • Confidentiality
  • Competence and continuing education
  • Avoiding unauthorized practice of law
  • Conflict of interest avoidance
  • Integrity and honesty

Paralegals should follow the Code of Ethics for the following reasons:

  • Maintain professional accountability.
  • Encourage public trust and confidence in the legal system.
  • Protect the rights of clients.
  • Prevent conflicts of interest.

Furthermore, paralegals are the professional extension of lawyers. As such, they must also uphold the lawyers’ code of ethics. The supervising lawyer and paralegal can be subject to disciplinary action otherwise.

Who Develops the Code of Ethics?

These independent organizations establish and enforce the code of ethics for paralegals.

  • National Federation of Paralegal Associations (NFPA)
  • National Association of Legal Assistants (NALA)

State bar associations also have their own code of ethics for paralegals.

Key Principles of the Paralegal Code of Ethics

Here are the five key aspects of paralegal professional ethics explained in detail.

Confidentiality

Paralegals should maintain strict client confidentiality at all times. Their clients’ case-related information must remain private and secure. Indeed, avoiding unauthorized disclosure of sensitive information is a top priority.

Competence and Continuing Education

Paralegals must stay updated about current laws, legal procedures, and professional skills. This way, they can provide effective support services. You can achieve it by participating in continuing legal education programs.

Avoiding Unauthorized Practice of Law (UPL)

Paralegals must have a clear understanding of their responsibilities in the legal system. They must also know the differences between their duties and those of lawyers. This way, they can avoid unauthorized practice of law (UPL).

Every paralegal works under a licensed lawyer’s supervision. As such, they cannot provide legal advice and represent clients in court.

Conflict of Interest Avoidance

Paralegals must recognize and avoid situations that can result in conflicts of interest. Their personal interests must not conflict with their professional duties. If there’s a risk, disclosing potential conflicts to supervising attorneys is a must.

Integrity and Honesty

Being honest and transparent in your professional dealings promotes integrity, too. Paralegals must avoid deceptive practices. You must adopt a strong moral compass to strengthen your integrity and honesty, too.

Why Is the Code of Ethics Important for Paralegals?

The importance of ethics in paralegal work covers the paralegals and third parties. Indeed, violations of the code of ethics for paralegals have broad consequences.

It’s not only the paralegal that suffers. Clients, supervising lawyers, and the legal system suffer, too.

Maintaining Professionalism

The Code of Ethics encourages paralegals to maintain their professionalism. In turn, it strengthens trust with attorneys, clients, and the legal system. 

Protecting Client Rights

The protection of client rights is #1 in the paralegal code of conduct principles. As such, paralegals must safeguard their clients’ rights, information, and interests.

Upholding the Integrity of the Legal Profession

Paralegals play crucial roles in ensuring that the legal process is fair, ethical, and impartial. This is why the legal ethics for paralegal professionals align with those of lawyers.

Preventing Legal and Professional Consequences

When a paralegal violates the code of ethics, there can be serious consequences. Disciplinary action, fines, and even dismissal are possible. Even their supervising lawyers can be in trouble.

Examples of Ethical Challenges for Paralegals

However, remembering and following the key rules for paralegal ethical behavior is challenging. Paralegals are humans and, thus, make mistakes. Here are a few examples of ethical challenges that can jeopardize their adherence.

Handling Confidential Information

As a paralegal, client confidentiality is a topmost priority. You must then ensure a client’s documents and discussions are safe from prying eyes. Be sure to address accidental disclosures and breaches, too.

Dealing with Pressure to Perform Attorney Duties

There will be times when you’ll face pressure to perform non-paralegal tasks. Always be ready to recognize when these tasks put you at risk of UPL.

Navigating Dual Relationships

You may also find yourself working for several clients or law firms. This can be a potential conflict of interest that must be carefully assessed. Ask your supervising lawyer for advice on navigating dual relationships.

Reporting Unethical Behavior

Know the proper procedures to report misconduct by your colleagues or attorneys. This is a difficult activity but it must be done to preserve the legal profession’s integrity.

How Paralegals Can Adhere to the Code of Ethics

Understand the rules.

Understanding paralegal ethical obligations is the first step in adhering to them. Familiarize yourself with both the NFPA and NALA Code of Ethics. Stay on top of the regulations specific to your state.

Communicate with supervising attorneys.

When you have an ethical dilemma, seek guidance and clarification ASAP. You and your supervising attorneys must maintain open communication.

Document everything.

Remember that paralegal confidentiality and ethics rules go hand-in-hand. A vital part of it is maintaining complete and accurate client records. These include their casework, communications, and professional interactions. Doing so ensures accountability and transparency.

Engage in ongoing training.

Paralegals must engage in continuing education to stay on top of their game. Seminars, workshops, and training sessions on legal ethics are must-attend events.

Consequences of Ethical Violations

Breaches in the ethical standards in the legal field for paralegals can result in these consequences.

Professional Repercussions

Paralegals can face damage to their reputation as credible professionals. But it can be worse with possible termination from their current job. Then, a damaged reputation can have a negative impact on their job opportunities.

Legal Implications

Fines, lawsuits, and other legal penalties are also possible. Civil and criminal charges could be filed for serious violations. UPL, fraud, and mishandling of client information are examples.

Impact on the Client

There may be direct harm done to clients when paralegals violate the code of ethics. This can be in the form of negligence or breach of client confidentiality, among others.

Indeed, violations of the code of ethics shouldn’t be taken lightly.

Resources for Paralegals to Stay Ethical

Fortunately, paralegals have resources they can use to adhere to their code of ethics.

Professional Organizations

Go to the source – the NFPA and NALA. You’ll find guidebooks, continuing education, and professional development opportunities.

State Bar Associations

Request for access to state-specific code of ethics and related regulations. There are also ethics hotlines, legal publications, and other useful resources available.

Legal Ethics Training Programs

Search for CLE programs and courses related to the code of ethics. First, consider NALA’s for-credit live and on-demand webinars on ethics. Then, check out Blackstone Career Institute and NACLE for their for-credit courses, too.

Mentorship and Networking

Learn from the best paralegals and attorneys, too. Their mentorship means getting valuable insights into ethical issues in the legal profession. Plus, you’ll expand your network, which will enrich your paralegal career in many ways.

Case Studies: Ethical Dilemmas in the Legal Field

Scenario 1: Breach of Confidentiality

Here, a paralegal accidentally discloses sensitive client information, resulting in a client complaint. Said paralegal failed to double-check the email address. This could have been avoided by using email encryption and other email-related safety measures.

Scenario 2: Unauthorized Practice of Law

Here, a paralegal overstepped their limits and provided legal advice without lawyer supervision. This could have been avoided if the paralegal knew their job limitations.

Conclusion

In conclusion, the code of ethics for paralegals covers five key principles:

  • Confidentiality
  • Competence and continuing education
  • Avoiding unauthorized practice of law
  • Conflict of interest avoidance
  • Integrity and honesty

By understanding and adhering to the key principles, paralegals will enjoy their job. Even more important, they can strengthen the integrity of the legal profession. In doing so, paralegals strengthen the legal community’s ties with their clients, the local community, and society.