KNOW, the Magazine for Paralegals Spring 2014 | Page 23
D
oes it matter
what the
disbarred or suspended
lawyer did?
role. Some states do not allow the disbarred lawyer
to have any client contact, or to have an office in the
lawyer’s office, or to negotiate on behalf of a client
(which most states allow paralegals to do under
lawyer supervision) or to handle any client funds.
These restrictions are all designed to limit the potential damage to clients by restricting the kinds of
functions that the disbarred lawyer can engage in to
those that are strictly “back office” or preparatory to a
lawyer’s work, and subject to ready oversight by the
lawyer.
again? Are there some violations leading to disbarment that are so egregious that at least those
former lawyers should be prohibited permanently
from working in the law in any capacity? And finally: Is this problem sufficient incentive to push
for paralegal regulation that would prohibit disbarred and suspended lawyers from claiming the
title paralegal?
Another important requirement of many rules
that allow former lawyers to work under lawyer
supervision is that the lawyer is required to notify the
licensing authority and to provide a description of
the nature of the work that the person will perform
(even if the person is performing work that is not
law related). And in some states, like California, if the
former lawyer will work on client matters, the lawyer
must provide written notice to the clients on whose
matters the person will work. This last provision is
clearly designed to protect clients and is also a deterrent to employing a disbarred lawyer in a law-related
capacity.
What we do not have that would enhance our
discussion are complete
data and deep understanding about the
consequences of this
practice. In states where
such employment is allowed, what have been
the results? Have these
disbarred and suspended
lawyers violated ethics
again? Have they caused
harm to clients? Has this
employment helped or
hurt their rehabilitation
as contributing citizens,
which is presumably the
reason for allowing it?
And, is there any correlation between the
nature of the violation
and future conduct? Can
we find a way to predict
whether a fallen lawyer
is likely to violate rules
About KNOW’s Columnists
Terri Cannon, Esq.
Nancy Heller
Stacey Hunt
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Teri Cannon is a higher
education consultant. She
is author of Ethics and Professional Responsibility for
Paralegals; president of the
American Assoc. for Paralegal Education, served as the
ABA Paralegal Educational
Consultant; State Bar Committee of Bar Examiners, and
ABA Standing Committee on
Paralegals.
Since 1985, Nancy Heller
has been a litigation paralegal with Vorys Sater in Columbus, Ohio. She has over
thirteen years’ experience as
adjunct faculty with The Capital University Law School
Paralegal Program.
Stacey Hunt, CLA, CAS, litigation paralegal, Duggan Smith
& Heath, LLP, San Luis Obispo,
CA; co-author of 3 paralegal
books; president of the California Alliance of Paralegal
Assoc. and the Central Coast
Paralegal Association.