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Rule
Seven: Communications with Non-clients
(a) In those instances in Rule
One, when appearing in a professional capacity before a tribunal, a paralegal
shall not:
(1) make a statement of material
fact or law which the paralegal knows or reasonably should know is false;
(2) make statements or arguments
that would constitute the practice of law;
(3) violate applicable rules
of procedure;
(4) engage in conduct or use
language that offends the dignity or decorum of the tribunal; or
(5) intentionally degrade a
witness or other person by stating or alluding to personal matters concerning
that person which are not relevant to the case.
(b) During the course of any
adversarial proceeding, a paralegal shall not communicate, or cause another
to communicate, as to the merits of the cause with a judge or an official
before whom the proceeding is pending, except:
(1) in the course of official
proceedings in the cause;
(2) in person or over the telephone,
upon adequate notice to opposing counsel, or to the adverse party if such
party is not represented by counsel; or
(3) as otherwise authorized
by law.
(c) When appearing in a professional
capacity other than before a tribunal, a paralegal shall not:
(1) make a statement of material
fact or law to a third person which the paralegal knows or reasonably
should know is false;
(2) fail to disclose a material
fact to a third person when disclosure is necessary to avoid assisting
a criminal or fraudulent act by a client, unless disclosure is prohibited
as a privileged communication under the applicable rules of professional
conduct for attorneys; or
(3) be rude, disrespectful
or demeaning in communications with others.
(d) During the course of representing
a client, a paralegal shall not communicate or cause another to communicate
on the subject of the representation with a party the paralegal knows
to be represented by a lawyer in that matter unless the paralegal has
obtained the prior consent of the lawyer representing that party or as
may otherwise be authorized by law.
(e) In dealing on behalf of
a client with a person who is not represented by counsel, a paralegal
shall not state or imply that the paralegal is disinterested. When the
paralegal knows or reasonably should know that the unrepresented person
misunderstands the lawyer's role in the matter, the paralegal shall make
reasonable efforts to correct the misunderstanding.
(f) In assisting in representation
of a client, a paralegal shall not engage in conduct for the purpose of
embarrassing, delaying, or burdening a third person. A paralegal shall
not engage in obtaining evidence that may violate the legal rights of
such person.
Commentary
As paralegals enjoy ever-growing
acceptance and use within the legal community, they face increasing opportunities
to interact with individuals who are not considered to be the clients
of the supervising attorneys.
For example, paralegals may
interact in some capacity with opposing counsel, adverse parties, judges,
court clerks, jury members, or other paralegals. Certainly, this list
is not exhaustive.
Because paralegals do interact
with so many others that are not clients of the supervising attorneys,
paralegals need a rule to define the parameters of that interaction. This
rule is intended to instruct paralegals to avoid misleading communications
and communications designed to take advantage of the other parties' positions.
The rules apply equally to paralegals who work in litigation settings
or handle transactions that might properly be considered more of a transactional
nature.
Therefore, Rule 7(b) sets forth
limitations on a paralegal's communications with a judge during the course
of adversarial proceedings. This rule is not confined to communications
made only in courtroom settings or during hearings but extends to all
communications with a judge or other official, from the moment an attorney
accepts the representation of a client. The reason for such a rule should
be apparent. When a judge is charged with making an informed decision
about the outcome of a proceeding pending before him or her, allowing
communications to that judge untested by opposing counsel's input and
argument defies all notions of justice and prevents the judge from competently
doing the job at hand.
Rule 7(c) defines the scope
of paralegal communications when the paralegal is handling matters that
do not involve adversarial proceedings. Paralegals may interact with others
while acting in their professional capacity when they are doing such things
as attending real estate closings, attending depositions with their supervising
lawyer, or handling the intake interview of a client who seeks to have
a will drafted or an estate administered. It is especially important to
note that a paralegal who becomes aware of potential fraudulent or criminal
conduct by a lawyer's client must disclose that information to the paralegal's
supervising attorney.
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