Rule 6.3. Membership in legal services organization.

A licensed paralegal practitioner may serve as a director, officer or member of a legal services organization, apart from the firm in which the licensed paralegal practitioner practices, notwithstanding that the organization serves persons having interests adverse to a client of the licensed paralegal practitioner. The licensed paralegal practitioner shall not knowingly participate in a decision or action of the organization:

(a) If participation in the decision would be incompatible with the licensed paralegal practitioner’s obligations to a client under Rule 1.7 of the Rules of Professional Conduct for Licensed Paralegal Practitioners; or

(b) Where the decision could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the licensed paralegal practitioner or on the representation of a client of the licensed paralegal practitioner or the licensed paralegal practitioner’s firm.

 

Comment

[1] Licensed paralegal practitioners should be encouraged to support and participate in legal service organizations. A licensed paralegal practitioner who is an officer or a member of such an organization does not thereby have a client-licensed paralegal practitioner relationship with persons served by the organization. However, there is potential conflict between the interests of such persons and the interests of the licensed paralegal practitioner's clients. If the possibility of such conflict disqualified a licensed paralegal practitioner from serving on the board of a legal services organization, the profession's involvement in such organizations would be severely curtailed.

[2] It may be necessary in appropriate cases to reassure a client of the organization that the representation will not be affected by conflicting loyalties of a member of the board. Established, written policies in this respect can enhance the credibility of such assurances.

 

Effective November 1, 2018