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National Federation of Paralegal Associations, Inc.
Statement on Issues Affecting the Paralegal Profession
Paralegal Ethics
Model Codes of Ethics and Discipline
NFPA believes that paralegals should uphold a high level of ethical standards. After conducting extensive research and obtaining comments from paralegals, attorneys and individuals with expertise in the area of ethics, in 1993 NFPA adopted a Model Code of Ethics and Professional Responsibility. This document received wide acceptance throughout the legal community. Shortly after the Model Code of Ethics and Professional Responsibility was adopted, NFPA began the research necessary to form a model disciplinary code as a logical and necessary step to provide the legal community with a process by which the ethical standards could be enforced. In 1997, NFPA adopted Model Disciplinary Rules and combined them with the Model Code of Ethics and Professional Responsibility to create the Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement (Model Code and Guidelines). The Model Code and Guidelines are available on NFPA's internet site at www.paralegals.org.
NFPA believes that paralegals should possess integrity, professional skill and dedication to the improvement of the legal system and should strive to expand the paralegal role in the delivery of legal services. While NFPA recognizes that each jurisdiction has its own unique legal authority and practices governing ethical conduct and professional responsibilities, the Model Code and Guidelines has provided paralegals with an understanding of their ethical obligations, as well as a basis to formulate ethical standards and disciplinary codes in specific jurisdictions.
The Model Code and Guidelines delineate the ethical guidelines and standards for professional conduct to which all paralegals should aspire and make it possible for a professional association or regulating entity to enforce the Canons and Ethical Considerations. It also expresses the commitment of NFPA's membership to increasing the quality and efficiency of legal services and recognizes the profession's responsibility to the legal community and consumers.
NFPA Ethics Board
In 1995, NFPA formally created an Ethics Board. Previously paralegals had no entity from which they could seek advice and interpretation of ethical issues. Through this Ethics Board, NFPA researches ethics and disciplinary matters and provides opinions and information in response to inquiries about ethical actions and activities. NFPA's Informal Ethics and Disciplinary Opinions are available on NFPA's Internet site at http://www.paralegals.org.
NFPA does not support
the unauthorized practice of law. |
One of the most frequently debated issues of paralegal conduct is the ethical obligation to avoid violating prohibitions on the unauthorized practice of law (UPL). NFPA believes, as do many attorneys, that there may be areas in which a license to practice law is not required to perform certain legal functions. However, until such time as these areas are defined and determined to be permissible activities, NFPA believes paralegals should not perform these functions and does not support paralegals engaged in the unauthorized practice of law. Consequently, NFPA strongly supports continued study to determine areas in which paralegal roles may be enhanced within the parameters of those prohibitions. Additionally, NFPA supports examining the rules that govern who may practice law to determine areas in which paralegals' qualifications and skills could be recognized to expand paralegal roles.
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