Lawyers in Academe and the CPRA

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Questions and Answers

According to Section 32, what standards of behavior are lawyers in the academe expected to uphold?

Lawyers in the academe must adhere to the standards of behavior required of members of the legal profession under the CPRA, observing propriety, respectability, and decorum inside and outside the classroom, and in all media.

According to Section 33, under what circumstances should a lawyer in the academe disclose a conflict of interest related to a client?

A lawyer in the academe should disclose to the institution any adverse interest of a client. Additionally, upon discovery of any adverse interest of the lawyer's client which directly affects any student under their supervision and guidance, the lawyer shall likewise disclose the same to the institution.

According to Section 34, define what a paralegal is.

A paralegal is one who performs tasks that require familiarity with legal concepts, employed or retained by a lawyer, law office, corporation, government agency, or other entity for non-diagnostic and non-advisory work in relation to legal matters delegated by such.

According to Section 34, if a lawyer delegates duties to a paralegal, what level of oversight is the lawyer expected to provide?

<p>A lawyer must direct or supervise a paralegal in the performance of the latter's delegated duties.</p> Signup and view all the answers

According to Section 34, how does the lawyer's duty of confidentiality relate to the work of a paralegal?

<p>The lawyer's duty of confidentiality shall also extend to the services rendered by the paralegal, who is equally bound to keep the privilege.</p> Signup and view all the answers

Considering Section 32, provide a hypothetical scenario where a lawyer in the academe might fail to adhere to the standards of the CPRA and explain why this constitutes a violation.

<p>A lawyer in the academe who uses their position to promote personal business ventures during class, thereby lacking decorum, would be failing to adhere to the standards of CPRA because it violates propriety and respectability.</p> Signup and view all the answers

How does the disclosure requirement in Section 33 regarding conflicts of interest safeguard the interests of students and the integrity of the academic institution?

<p>It ensures that potential biases are identified and addressed, preventing the lawyer from prioritizing personal interests over students' welfare and maintaining the institution's ethical standards.</p> Signup and view all the answers

Explain how the responsibilities outlined in Section 34 enhance the efficiency and effectiveness of legal services while upholding ethical standards.

<p>By delegating appropriate tasks to paralegals under supervision, lawyers can focus on more complex duties, thus improving efficiency. The ethical standards are upheld through the lawyer's oversight and the paralegal's duty of confidentiality.</p> Signup and view all the answers

Describe a scenario in which the duty of confidentiality, as extended to a paralegal under Section 34, might be critically important in protecting a client's interests.

<p>If a paralegal handles sensitive case documents and communications, maintaining confidentiality prevents unauthorized disclosure of information that could harm the client's legal position or privacy.</p> Signup and view all the answers

If a lawyer fails to adequately supervise a paralegal and the paralegal makes a critical error that harms a client, what are the potential ethical and legal consequences for the lawyer?

<p>The lawyer could face disciplinary action for failing to properly supervise the paralegal, and may also be liable for any damages resulting from the paralegal's error, thereby violating the duty to competently represent the client.</p> Signup and view all the answers

Flashcards

Lawyers in the academe

Lawyers in the academe must adhere to the standards of behavior required of members of the legal profession under the CPRA, observing propriety, respectability, and decorum.

Conflict of interest in academe

A lawyer serving in an educational institution must disclose any adverse interest of a client to the institution.

Paralegal services

A paralegal performs tasks requiring familiarity with legal concepts, delegated by a lawyer or entity, excluding diagnostic and advisory work.

Supervising paralegals

A lawyer must direct and supervise a paralegal in performing delegated duties.

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Confidentiality for paralegals

Duty of confidentiality extends to services rendered by paralegals, who are equally bound to keep the privilege.

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Study Notes

  • Lawyers in the academe must adhere to the standards of the CPRA.

Lawyers in the Academe

  • Lawyers who are deans, administrative officers, or faculty members of educational institutions must always adhere to the standards of behavior required of members of the legal profession under the CPRA.
  • They should observe propriety, respectability, and decorum inside and outside the classroom, and in all media.

Conflict of Interest for Lawyers in the Academe

  • A lawyer serving as a dean, administrative officer, or faculty member of an educational institution must disclose to the institution any adverse interest of a client.
  • Upon discovery of any adverse interest of the lawyer's client which directly affects any student under their direct supervision and guidance, the lawyer must disclose it to the institution.

Supervising Paralegal Services

  • A paralegal performs tasks that require familiarity with legal concepts.
  • Paralegals can be employed or retained by lawyers, law offices, corporations, governmental agencies, or other entities for non-diagnostic and non-advisory work related to legal matters delegated by those lawyers, law offices, corporations, governmental agencies, or other entities.
  • A lawyer must direct or supervise a paralegal in the performance of the paralegal's delegated duties.
  • A lawyer's duty of confidentiality extends to the services rendered by the paralegal, who is equally bound to keep the privilege.

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