Delaware

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This information is for educational purposes only. Do not rely on these cases as being the most recent cases. They are here to teach or illustrate a point of law only.

 Rules of Conduct

Paralegal Regulation Confidentiality Conflicts of Interest Competence & Negligence

You can find the Delaware Rules of Professional Conduct on the Courts website by searching "Delaware Rules of professional conduct"

It's a large pdf file

The State Courts have the updates of rules of conduct that you can find by searching "Rules of the Delaware State Courts"

Delaware has a voluntary certification program based on both education and experience. No exam. Offered by the Delaware Paralegal Association.

The designation is "Delaware Certified Paralegal" or "DCP"

deparalegals.org

The Delaware State Bar Association has many ethics opinions in this area. You can find them by searching

Opinions of the Delaware State Bar

(no quotes)

dsba.org

There is an index but it only goes through 2009.

A client’s name can be considered confidential information in certain instances, such as domestic relations cases because “matters involving divorce and domestic relations law are private concerns.” Brett v. Berkowitz, 706 A.2d 509, 515 (Del. 1998)

Rules 1.7 etc. Expert testimony is required to prove a claim of legal malpractice except in those cases where the mistakes are so obvious that such testimony is not necessary. Brett v. Berkowitz, 706 A.2d 509 (Del. 1998)
UPL UPL/Misrepresentation Attorney/Client Privilege Advertising/Solicitation Client Trust Accounts

The Office of Disciplinary Counsel (an arm of the Supreme Court of Delaware) is responsible for the discipline of lawyers as well as investigation of UPL.

A search for "Delaware ODC" will get you there

UPL searches in Delaware will turn up "Unclaimed Property Law."

Best to spell out Unauthorized Practice of Law and/or go to the Office of Disciplinary Counsel website.

Delaware Rule of Evidence 502.7

For a recent Delaware case, find 3Com v. Diamond II Holdings by searching that case name.

Can a Delaware lawyer include "Best Lawyer" or "Super Lawyer" on his website? See Opinion 2008-2 Search "Delaware LFCP" for information about the Lawyers' Fund for Client Protection.
Fair Fees Paralegal Fees Intimate Relations with Clients Drug/Alcohol Abuse Pro Bono
ASB Allegiance Real Estate Fund v. Scion Breckenridge Managing Member LLC, C.A. No. 5843-VCL (Del. Ch. July 9, 2012). The Court of Chancery awarded attorneys’ fees, based on a fee-shifting provision of the agreement, of more than $3.2 million Richlin v. Chertoff 2008 US Supreme Court recovery of paralegal fees Brett v. Berkowitz, 706 A.2d 509, 515 (Del. 1998) No private cause of action for a violation of the Rules of Professional Conduct. A woman who accused her lawyer of sexual misconduct had only a cause of action for "intentional infliction of emotional distress."

Delaware Lawyers Assistance Program

De-Lap.org

Delaware State Bar Association Access to Justice Program
Special Duties of the Prosecutor Overly Zealous Conduct Misc.

 

Reporting Misconduct .
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