O.J. Simpson can’t seem to stay away from the courtroom, but this time he is back in court asking the court to grant him a new trial in his armed robbery case.  He was originally tried and found guilty in 2008 and received a 33 year sentence. O.J. testified this week that his original attorney, Yale Galanter, in the 2008 case, failed to adequately represent him because he had a conflict of interest in representing him.  Simpson claimed that Attorney Galanter told him it was okay to use some force to get back some of his football memorabilia from two dealers. This advice ultimately landed Simpson in jail for armed robbery.

Attorneys must follow a state code of ethics. The code of ethics requires that a lawyer not take a position that conflicts with a current client. Once it has been established that a conflict of interest exists, the client’s consent for continued representation in the matter must be obtained. Paralegals do not follow the same code of ethics that apply to attorneys. Sources of information regarding professional conduct for paralegals include national professional associations: NALA, NFPA, and the ABA. 

It is important to note that the codes of ethics and professional responsibility developed by NALA and NFPA are voluntary guidelines for their members, and are models to which all paralegals should aspire.  The consequences of a paralegal not adhering to the rules of professional conduct can include loss of job, payment of monetary damages to an opposing party, harm to the client, and exposure of the employer to damages or malpractice.  Likewise, the rules of professional conduct of the ABA and state bar associations are voluntary.  However, state statutes regarding ethics are binding on attorneys, and violation of those statutes can result in reprimand, suspension, or even disbarment.     

The topics of conflicts of interest and ethical violations are part of the Ethics and Professional Responsibility course in the AIPS paralegal certificate curriculum. To find out more information on the AIPS paralegal certificate program visit http://www.aips.com/

Janet Russeth, J.D.
AIPS Instructor

Negligence or Strict Liability in Limousine Fire?

On May 4, 2013, in California, a limousine caught fire that was caring a newlywed bride and her friends. The bride and 4 friends died in the fire since they were unable to escape the fire engulfed limousine.  The fire is under investigation and many questions remain as to how did the fire start and who is liable for the deaths of these women.

A possible cause of the fire could be a defective design of the limousine or one of the car’s components. If this is the case, then the victims’ families may wish to pursue a case against the manufacture for a defective design or part. Under this theory, the families would file a lawsuit based on strict liability. Strict liability is responsibility regardless of blameworthiness or fault.  If the defendant engages in a certain kind of conduct, such as a product defect, that causes harm, liability will result irrespective of intent, negligence, or innocence.

The families may also pursue a negligence case against the manufacturer and driver. The manufacturer could be liable for negligently assembling the limousine or failing to warn of an existing danger. The driver may also be negligent if he caused harm by failing to use reasonable care. We also can’t forget the limousine company, the driver’s employer, since it will be liable if the driver is found negligent under the respondent superior doctrine. Under this doctrine, the employer is liable for its employee in relation to those to whom the employer owes a duty of care.  Since respondeat superior is a form of strict liability, the limousine company will automatically be found liable if the driver is negligent.  The investigation is scheduled to take weeks, but it is almost certain that lawsuits on behalf of the victims are forthcoming in the near future.

The topics of negligence, strict liability, and respondent superior are all part of the Torts course in the AIPS paralegal certificate curriculum. To find out more information on the AIPS paralegal certificate program visit http://www.aips.com/

Janet Russeth, J.D.
AIPS Instructor

Summer is approaching and now is the best time to get started with your paralegal career. The school year is ending and many students and teachers find themselves with extra time on their hands. You may be a teacher that is looking for another career and has the summer off or you may be a college student looking to compliment your degree or enhance your career goals. For many, the summer months are a great time to start and receive your paralegal certificate.

The general paralegal certificate can be completed as quickly as 4 months. This means that you could be done and ready to work as a paralegal as soon as September, 2013. For those wanting a slower pace, there is the option of completing the paralegal certificate in 8 months. The paralegal certificate curriculum consists of 8 courses and two mandatory workshops.

General Practice:

·         American Jurisprudence

·         Business Law

·         Criminal Law

·         Estates and Trusts

·         Family Law

·         Legal Research

·         Litigation

·         Tort Law

·         Workshops: Lexis, Ethics, Law Office Skills, Administrative Law, Writing, Citation, Judgment & Analysis

Our next starting date is May 20th and there are still spots available. So make the most of your summer by earning a paralegal certificate from AIPS and getting started on a new career!   To find out more information on the AIPS paralegal certificate program, please visit our web site.

The news is saturated with stories about criminal acts.  Television programs dramatize the “I want to talk to my attorney!” phase of interrogations.  But, what happens after the call?  Let’s learn more about this area of law. 

Profile of an Online Paralegal Student

Today is the perfect day to begin the quest for your Paralegal Certificate!  American Institute for Paralegal Studies (AIPS) allows you to choose the month you wish to begin, as well as the specific program you wish to study.  So, what’s holding you back?  Let’s spend a few moments to remind you   why you are a perfect fit for the AIPS 100% Online Paralegal Certificate Program!

You are self-disciplined and motivated!

Life is busy!  You need to manage your time…and you can.  You will be able to incorporate study time into your schedule.

•       AIPS classrooms are accessible 24/7 – Early Birds and Night Owls welcome!  Whooo knew! 

You communicate effectively through writing!

Writing doesn’t inhibit you, it frees you!  You will be able to complete your exercises with confidence and timeliness.

•       AIPS classes will sharpen your legal writing skills. 

You feel you can receive a quality education at an online paralegal school!

You have appreciated your traditional classroom experiences; however, you don’t feel you need the traditional classroom social interaction to be a successful student.  You feel confident in the expertise of your online school…and you feel confident in your ability to commit to an alternative educational experience.

•       AIPS online format is interactive; so, classroom discussion is both expected and encouraged!

•       AIPS has trained paralegals since 1978 – Over 15 years of online experience!

You have access to a computer and the internet!

You have a computer and internet access; plus, you feel comfortable and confident using it.  You will be able to participate in your virtual classroom with ease…after getting acquainted with the “campus”.

•       AIPS staff provides each student with prompt personal attention, guidance and support!    

You don’t want to pay for classes you won’t use!

Your desire is to learn the paralegal skill set…and to pay only for classes you need to be a paralegal. 

•       AIPS is affordable!  Check it out!  http://www.aips.com/tuition-and-financing/

You appreciate the portability, accessibility and convenience of an online paralegal school!

The thought of coming home from work and leaving, again, to go to class just doesn’t appeal to you.  You like the fact that you can come home, change into comfy clothes, and “go to class” when it fits your schedule.  You can take your classroom with you on business trips and vacations…a perfect fit for you! 

Convinced?!  Next class starts May 20!  Go to  http://www.aips.com/apply-now/ or call us at 1-800-553-2420!