Answer to Question #204118 in Law for latasha

Question

• What is the difference between certification and licensing?
• Do you think that paralegals should be licensed under state requirements?
• What does the duty of competence involve?
•  How can violations of the duty of competence be avoided? Provide reasons and examples to support your answer.

Answer 1

• What is the difference between certification and licensing?

Licensing refers to a business agreement whereby a company is given permission by another company by issuing a license to temporarily access its intellectual property rights. The company that allows another firm to use its intangible assets is referred to as the licensor and the firm that uses this license is known as licensee. 

Certification can be defined as a formal confirmation of certain features of an object, person, or an organization. Usually, this conformation is issued by some of the external review, education, or assessment.

Generally, unlike certification, licensure is a legal designation but many occupations that require certification also require licensing. 

Do you think that paralegals should be licensed under state requirements?

Yes, because paralegals have serious responsibilities that have serious ramifications. Sure, the buck ultimately stops with the lawyer because paralegals must work under their direct supervision and guidance, but an incompetent paralegal can still cause a lot of problems.

What does the duty of competence involve?

Competence representation must include legal knowledge, skills, thoroughness, and reasonable preparation for the representation. 

How can violations of the duty of competence be avoided? Provide reasons and examples to support your answer.

Lawyers are stewards of their clients’ most confidential and personal information. They serve as officers of the court and are in positions of public trust. But these high standards can lead to falls, and a lawyer who doesn’t carefully mind ethics obligations can quickly run afoul of the rules of professional responsibility. Violations of the duty of competence can be avoid buy ensuring that the lawyers have legal knowledge, skills, and thoroughness.