Audio Recording - The Ethics of Scribing

TAPM ANNUAL ETHICS PRESENTATION

The Ethics of Scribing


Audio Recording of the program held on December 5 2014

Approved 1 Hr. Mediation Ethics CME

PLEASE NOTE THAT THIS IS NOT APPROVED FOR CLE CREDIT IF YOU LISTENED TO THE RECORDING AFTER THE DATE OF THE ACTUAL PROGRAM WHICH WAS 12/5/2014

 

Moderator - Becky Jacobs

Panelist:  Marietta Shipley, Jackie Kittrell, Stephen Shields

 

Issues:

  • Are the standards different between civil and family mediations?
  • Does scribing constitute legal advice or legal information? 
  • Are there different standards for attorneys and non-attorney mediators?
  • What effect if the parties are pro se vs. having attorneys present, or have attorneys but they are not present in mediation, or one party has an attorney and one doesn't?
  • How do you address access to justice issues?
  • Competent scribing--Is there a bright line of documentation that it is definitely ok to do? Does it matter whether you're an attorney?  What if you are not under Rule 31?
  • Do the scribing issues disappear if you are using court-approved forms?
  • What is the specter of “unauthorized practice of law”?  To whom does it apply?

 

 

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Ethics of Scribing Audio Recording