NJ PT Juris flashcards
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- Paralegal licensing in New Jersey
- New Jersey does not license paralegals. No state statute or court rule requires a paralegal to be registered, certified, or licensed to work under attorney supervision.
- ABA paralegal definition
- A paralegal is a person qualified by education, training, or work experience who performs specifically delegated substantive legal work for which a lawyer is responsible. This definition is not a New Jersey regulatory mandate.
- RPC 5.3 nonlawyer supervision
- New Jersey Rule of Professional Conduct 5.3 requires lawyers with managerial authority to make reasonable efforts to ensure the firm has measures giving reasonable assurance that nonlawyer conduct is compatible with the lawyer's professional obligations.
- Unauthorized practice of law
- Under New Jersey Court Rule 1:21-1(a), any person not licensed as an attorney may not practice law. The practice of law includes giving legal advice and representing another in court.
- Paralegal permitted tasks
- A paralegal may draft legal documents for attorney review, conduct legal research, interview clients, and manage case files, provided an attorney is responsible for the work product.
- Paralegal prohibited tasks
- A paralegal may not give legal advice, set fees, accept a case, or sign pleadings or other papers filed with the court. These tasks are reserved to licensed attorneys.
- RPC 5.5 unauthorized practice
- New Jersey Rule of Professional Conduct 5.5 prohibits lawyers from assisting a nonlawyer in the unauthorized practice of law. A lawyer who delegates beyond permissible scope risks discipline.
- RPC 1.6 confidentiality
- New Jersey Rule of Professional Conduct 1.6(a) prohibits a lawyer from revealing information relating to representation of a client unless the client gives informed consent or disclosure is permitted by RPC 1.6(b).
- Attorney-client privilege
- N.J.R.E. 504 protects confidential communications between a lawyer and client made for the purpose of obtaining or providing legal advice. The privilege belongs to the client.
- Confidentiality versus privilege
- Confidentiality under RPC 1.6 is broader than the attorney-client privilege. Confidentiality covers all information relating to the representation, while the privilege covers only confidential communications for legal advice.
- RPC 1.6(b) exceptions
- RPC 1.6(b) permits disclosure to prevent reasonably certain death or substantial bodily harm, to prevent a client from committing a crime or fraud, to rectify a client's fraud on a tribunal, or to comply with law or court order.
- RPC 1.7 concurrent conflicts
- RPC 1.7 prohibits representation if it will be directly adverse to another client or materially limited by responsibilities to another client, former client, or third person, unless the client gives informed consent confirmed in writing.
- RPC 1.9 former client conflicts
- RPC 1.9 prohibits a lawyer from representing a person in the same or a substantially related matter in which the person's interests are materially adverse to a former client without the former client's informed consent confirmed in writing.
- RPC 1.10 imputed conflicts
- RPC 1.10 imputes conflicts to all lawyers in a firm. If one lawyer is disqualified, the firm is disqualified unless the disqualified lawyer is timely screened and does not share in the fee.
- Informed consent
- Informed consent requires the client to be aware of the material risks and reasonably available alternatives and to give consent in writing where required by the Rules of Professional Conduct.
- Rule 4:4-4 service of process
- New Jersey Court Rule 4:4-4 governs service of process. Primary methods include personal service, service by mail with acknowledgment, and service by publication in limited circumstances.
- Rule 4:17 summary judgment
- Rule 4:17 permits summary judgment if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, show no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
- Rule 1:5-1 signature requirement
- Rule 1:5-1 requires all papers filed with the court to be signed by an attorney or a party appearing pro se. A paralegal may not sign court filings.
- New Jersey case citation format
- The standard citation format for New Jersey cases is: Party v. Party, Volume N.J. Page (Year). Example: State v. Smith, 100 N.J. 123 (1985).
- New Jersey statute citation
- The standard citation format for New Jersey statutes is: N.J.S.A. § 2C:1-1 (Year). The New Jersey Statutes Annotated is the primary statutory source.
- New Jersey court rule citation
- The standard citation format for New Jersey court rules is: R. 4:5-1. The Rules Governing the Courts of the State of New Jersey are cited by rule number.
- RPC 1.4 client communication
- RPC 1.4 requires a lawyer to keep a client reasonably informed about the status of a matter, promptly comply with reasonable requests for information, and explain matters to permit informed decisions.
- RPC 1.2 client decisions
- RPC 1.2(a) reserves to the client the decisions about the objectives of the representation, including whether to settle a matter. The lawyer decides the means.
- RPC 1.15 trust accounts
- RPC 1.15 requires client funds to be held in a separate trust account and prohibits commingling with the lawyer's funds. A paralegal may assist with recordkeeping but not sign trust account checks without authorization.
- New Jersey Supreme Court
- The New Jersey Supreme Court is the highest court in the state. It has appellate jurisdiction over all lower courts and administrative authority over the judicial system.
- Superior Court divisions
- The New Jersey Superior Court is the trial court of general jurisdiction. It is divided into the Law Division, the Chancery Division, and the Appellate Division.
- Special Civil Part limit
- The Special Civil Part of the Superior Court, Law Division, handles civil claims up to $15,000. Small claims up to $5,000 are heard in the Special Civil Part, Small Claims Section.
- N.J.R.E. 401 relevance
- N.J.R.E. 401 defines relevant evidence as evidence having a tendency in reason to prove or disprove any fact of consequence to the determination of the action.
- N.J.R.E. 403 exclusion
- N.J.R.E. 403 permits exclusion of relevant evidence if its probative value is substantially outweighed by the risk of unfair prejudice, confusion of issues, or misleading the jury.
- Rule 4:10-2 discovery scope
- Rule 4:10-2 permits discovery of any nonprivileged matter relevant to the subject matter of the action and proportional to the needs of the case.
- RPC 5.1 supervisory responsibility
- RPC 5.1 requires a partner or lawyer with managerial authority to make reasonable efforts to ensure the firm has measures giving reasonable assurance that all lawyers conform to the Rules of Professional Conduct.
- RPC 5.3(c) nonlawyer conduct
- RPC 5.3(c) provides that a lawyer is responsible for conduct of a nonlawyer that would be a violation of the Rules if engaged in by the lawyer, if the lawyer orders or ratifies the conduct.