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 23 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.