The Code of Ethics is the foundation for the digital paralegal ethical considerations. You must read it so you’ll have a basic understanding of what to do and not to do.
General Ethical Responsibilities
Paralegals must uphold high standards of ethics, a set of behavior that includes:
- Maintaining client confidentiality
- Demonstrating professionalism in work-related actions
- Avoiding unauthorized practice of law (UPL)
New Ethical Considerations in Remote Work
Paralegals in remote work face unique challenges, including:
- Safeguarding client information in digital platforms
- Using safe and secure virtual communication tools
- Maintaining professionalism in virtual interactions
These are significant concerns because of the increasing threat of cyberattacks. You must be mindful of cyber threats in addition to your paralegal work.
Related:
- Understanding the Code of Ethics for Paralegals
- The Role of Confidentiality in Paralegal Ethics
- Paralegal Entrepreneurship: Starting Your Own Legal Services Business
- Common Ethical Dilemmas Faced by Paralegals and How to Handle Them
- Best Online Accelerated Paralegal Programs
Sources of Ethical Guidelines
Look to these primary sources of the Code of Ethics for paralegals.
- National Federation of Paralegal Associations (NFPA)
- National Association of Legal Assistants (NALA)
- ABA Model Rules
Ask your state bar association, too, for more guidance on paralegal ethics.
Ethical Challenges in Data Security and Confidentiality
You’ll encounter many challenging ethical issues in remote paralegal work. But there’s none more challenging than data security and confidentiality.
Protecting Client Information
Data security for paralegals working remotely is primarily meant to protect client information. There’s always a high risk of data breaches and unauthorized access.
Paralegals must then encrypt client data and secure file-sharing platforms. This way, only authorized persons can access client information.
Use of Personal Devices
Paralegals must avoid the use of personal devices in the storage and access of legal documents. Personal devices may not have the best security measures to prevent cyberattacks.
Cybersecurity Awareness
Many ethical challenges in virtual paralegal work can be avoided with cybersecurity awareness. Paralegals must recognize cyber threats, such as phishing, malware, and malicious links.
Remote Workspaces
Remote paralegals run the risk of client confidentiality breaches in their remote workstations. Other persons can see the legal documents or overhear the conversations. Setting up a quiet, distraction-free, and private workspace is a must.
Ethical Considerations in Virtual Communication
Among the most challenging ethical issues in remote paralegal work is virtual communication.
Confidentiality in Virtual Meetings
Utmost online confidentiality for paralegals is always a must. You must ensure secure video conferencing sessions to prevent eavesdropping.
- Use encrypted communication platforms.
- Conduct meetings in private spaces.
- Use password-protected meetings.
Professional Tone and Behavior Online
Always be professional in your virtual communications. These include chats, emails, and video calls.
- Use clear and courteous language (i.e., no slang words and a casual tone).
- Follow professional email etiquette.
- Be mindful of your attire, body language, facial expressions, and hand gestures.
Avoiding Miscommunication
Effective communication is a must to perform paralegal work. Here are strategies for clear, concise, and respectful virtual communication.
- Use on-point words and get right to the point.
- Ask for confirmation about key details in your correspondence.
- Use follow-up emails.
Recording and Storing Virtual Interactions
Always get the other parties’ express consent before recording and storing virtual interactions. Also, avoid unauthorized and accidental sharing of these recordings.
Maintaining Professionalism in a Digital Environment
Maintaining ethics in digital paralegal roles covers your appearance and actions.
Appearance and Demeanor During Virtual Meetings
Paralegals must uphold professional standards even when working from home. A professional appearance and demeanor are ideal.
- Dress in appropriate clothes (e.g., business clothes).
- Be mindful of facial expressions and body language.
- Make eye contact.
- Use professional words and maintain a respectful demeanor.
- Work in a quiet environment with a professional background.
Managing Time and Boundaries
Always strive to submit work-related requirements on time. Missed deadlines are a big no-no. Be available for clients at the scheduled time, but set clear boundaries between your personal and work time.
Compliance with Supervising Attorney Instructions
Paralegals always work under the direct supervision of licensed lawyers. Be sure to follow instructions, ask for clarifications, and seek guidance. Remember not to overstep your job’s roles, too (i.e., UPL).
Ethical Issues in Technology Use for Paralegal Work
Digital technology and tools in paralegal work have their advantages. Paralegals swear by the improved productivity and efficiency in their work. However, improper technology use also has its ethical challenges.
Utilizing Legal Software Ethically
Paralegals must ensure accurate use of research databases, e-discovery, and case management systems. Accuracy covers everything from entering data to sharing information. Be sure to verify every source and protect client information.
Third-Party Tools and Platforms
Paralegals must vet external tools to ensure their compliance with legal industry standards. Be sure to review their licensing agreements and encryption protocols. Failure to do so increases the risk of data breaches and other ethical issues.
Artificial Intelligence and Automation
AI tools must not replace human judgment, even when these are widely used. But AI tools make a paralegal’s work more efficient. The trick is to be aware of their limitations. These are excellent tools for document review, drafting, and research.
Case Studies: Real-World Examples of Ethical Challenges in Digital Paralegal Work
Data Breach Incident
Poor cybersecurity practices compromised client information (i.e., data breach). The paralegal accessed client files on their unprotected personal computer.
Only using a workplace computer with cybersecurity safety software could have prevented it. Other measures include using VPNs and multi-factor authentication. Paralegals must also undergo regular cybersecurity training.
Inappropriate Virtual Communication
A paralegal made an unprofessional remark about another paralegal during a video conference. This became the basis for a legal complaint that, in turn, damaged the law firm’s reputation.
But the consequences didn’t stop there either. The paralegal was subject to disciplinary action while the client became dissatisfied. The law firm also faced potential ethical violations.
The lesson: Always maintain professional conduct in virtual interactions.
How Paralegals Can Address Ethical Issues in Digital and Remote Work
As a paralegal, you must adopt a proactive approach in your remote work. Take the initiative to avoid ethical issues and take advantage of company resources to do so.
Adopting Best Practices for Data Security
Start with regular training in cybersecurity for remote legal professionals. Everything else, from regular password updates to VPN use, follows.
Developing Virtual Communication Skills
Attend workshops that develop virtual communication ethics for paralegals. Effective communication skills are at the heart of successful human interactions. So, it makes sense for paralegals to develop their virtual communication skills.
Staying Informed About Ethical Guidelines
Read and understand the paralegal code of conduct in digital environments first. Then, check for updates, including revisions and clarifications. The NFPA, NALA, and state bar associations are always excellent sources.
Seeking Guidance When Faced with Ethical Dilemmas
Remote paralegal professionalism is a tricky subject, especially for new paralegals. The best thing to do when faced with professionalism issues is to seek guidance. The first resort is your supervising lawyer and then your firm’s ethics committee.
Consequences of Ethical Violations in Digital Paralegal Work
Paralegals must be vigilant about adhering to the code of ethics. Otherwise, the consequences can be severe.
Professional Repercussions
The professional consequences include:
- Job loss
- Damage to professional reputation
- Potential loss of certifications
Legal Consequences
But it doesn’t stop there either because the legal consequences include:
- Client lawsuits
- Disciplinary actions
- Regulatory penalties
Impact on Client Cases
Clients are also affected by ethical violations. Their cases may be dismissed or deemed a mistrial. Clients can also face financial penalties.
Conclusion
Data breaches, unprofessionalism, and ineffective communication. These are only a few of the ethical issues in remote paralegal work. Even with due diligence, paralegals can still commit ethical violations. To err is human, after all.
But it’s important to be proactive when it comes to ethical issues as a paralegal. You can pass the blame on being human all the time. Instead, you must strive for professionalism to uphold your integrity as a paralegal at every turn.
