Peter Paralegal is employed by Honest Law Firm and has been instructed by his supervising attorney to prepare and conduct initial interviews with two potential clients to see if a conflict of interest is present. Big Box and Value Mart are competitors and are requesting representation by Honest Law Firm on matters that are unrelated to one another. Peter Paralegal was also asked to perform tasks related to the cases such as; prepare questions and conduct initial interviews, explain legal fees arrangements, establish the attorney-client relations, draft initial pleadings and responses, interview witnesses, draft and sign initial case evaluation letters. Would it violate the ABA Model Rules of Professional Conduct for Peter the Paralegal to perform the tasks assigned by his supervising attorney? Would Peter Paralegal be practicing UPL if he performed the work? Can the Honest Law Firm ethically represent both clients on unrelated matters without a conflict of interest? A Paralegal is defined by the American Bar Association as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals work under direct supervision of an attorney and follow the same ethical rules of the ABA as a lawyer does. ABA Rule 5.3, states that a lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. Per the State B... ... middle of paper ... ...fter the lawyer has explained the conflict. 2 Within the meaning of this rule, direct adversity exists when a firm represents two clients who are engaged in litigation against each other. Under 1.7(a), direct adversity does not exist in these two scenarios. If a situation in the future occurs where the competitors may file lawsuits against each other, the attorney could not ethically represent either business due to information learned while representing the businesses on cases prior. A lawyer is required by Rule 1.6, not to use information secured from the representation of one client for the benefit of another client. Positional conflict is when an attorney represents two clients on unrelated issues with the outcome of one case possibly being adverse to the other. An issue conflict occurs when an attorney represents two clients on opposite sides of an issue.
Ethical Behaviour includes obeying the law and specific regulatory rules (CII, 2013), it is necessary that Paraplanners are aware of relevant laws and regulations including: the Financial Conduct Authority’s Principles for Business and Statements of Principle for Approved Persons (CII, 2013) and the Chartered Insurance Institute Code (CII’s code) (CII, 2014) as well as the Data Protection Act 1998 (Data Protection GOV.UK, 2013), Money Laundering Regulations (Office of Fair Trading, 2009) and the Financial Conduct Authority’s six Treating Customers Fairly Outcomes (FCA, 2013). Paraplanners must act with the highest ethical standards and integrity as well as acting in the best interests of each clients (CII, 2014). It is important that paraplanners are aware of the data protection act as clients have a right to expect complete confidentiality about their personal lives such as income and identity (CII, 2013). If paraplanner has a role to play in adviser charging, then paraplanner need to be aware of the anti-money laundering rules, a paraplanner is most likely to be in charge of implementing these rules (CII, 2013). Paraplanners are very much involved in the identification procedures for client, by making sure there are copies of “acceptable” identity kept on file, therefore the paraplanner needs to have received the appropriate training on verification and identification of clients (CII, 2013)
Miller, R. L., and Hollowell, W. E. (2006). 2007 Business law and legal environment texts. Mason, OH: West Legal Studies in Business.
Criticisms of lawyers are the topic in Richard A. Wasserstrom's article "Lawyers as Professionals: Some Moral Issues." Wasserstrom broke this topic into two main areas of discussion. The first suggests that lawyers operate with essentially no regard for any negative impact of their efforts on the world at large. Analysis of the relationship that exists between the lawyer and their client was the second topic of discussion. "Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an impersonal and a paternalistic fashion."
...the attorney to reveal privileged information “to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services,” this may result in the creation of an uncomfortable work environment. So, some prosecutors and regulators may ask, is the in-house counsel really independent?
Paralegals are continuing to assume new responsibilities in legal offices and perform many of the same duties as attorneys. Through formal education, training and experience, paralegals have knowledge and expertise regarding the legal system and law procedures, which qualify them to work under the supervision of an attorney. Along with preparing legal documents, contracts and other legal materials, a paralegal can also interview witnesses, and conducting legal research. The most important task a paralegal may have is helping an attorney prepare for hearings, trials, and meetings. Although a paralegal is trained to perform the same tasks as attorneys, they are explicitly prohibited from carrying out duties considered to be within the scope of the practice of law, such as setting legal fees, giving legal advice, submitting signed documents to court, and presenting cases in court. Paralegals are an essential part of today’s legal practice; furthermore, a competent paralegal can improve a law office’s profitability and the delivery of legal services. With these new responsibilities comes a higher level of demand and respect. In turn...
Paralegals need to know the different types of witnesses, victims, and clients they are interviewing. Each interviewee has different personalities. The interviewee could be defensive, passive, manipulative, honest or dishonest.
Paralegals are professionals who assist or support lawyers with their work (Westwood College). Supporting qualified lawyers includes a variety of tasks. When an attorney’s case goes to court, paralegals prepare motions and pleadings, in addition to organizing and cataloguing relevant trial documents (Westwood College). Paralegals also locate and interview witnesses; conduct investigations; conduct legal research; and summarize depositions, interrogatories and testimony (The National Association of Legal Assistants). In addition, the Business and Professions Code Section 6450(a) states that “Tasks performed by a paralegal include, but are not limited to, case planning, development, and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation” (Business and Professions Code Section 6450(a)).
Paralegals have become an essential part of today's legal system, and as the profession becomes one of the leading and fastest growing occupations in the U.S. economy; these individuals perform delegated tasks under the supervision of attorneys. Education has played an important part on this matter; it has facilitated this development by allowing lawyers to use these skills professionals as agents to delegate specific tasks such as legal research, gathering of information and the drafting of specific legal documents under the supervision and final approval of their principals. This has been very significant because now; we can enjoy a speedy process in a cumbersome legal system. From en economic standpoint, it has also been beneficial by decreasing the substantial amount of the legal cost a firm could incur if only lawyers were allowed to perform this kind work.
14). Ethical dilemmas arise in peoples jobs all the time and you can never plan for when one will happen. However, by going through ethical training and learning more about ethics, it may help you whenever an ethical dilemma arises. While ethical issues are, according to Pollock (2012), “topics for which one might have an opinion but rarely a chance to take a stand that has much impact” (p. 14). Paralegals also have their limitations on what they’re allowed to do and what they’re allowed to say. We’re here to talk about things paralegals can’t legally do and what happens when an ethical dilemma arises in the workplace. First off, paralegals cannot set legal fees, undertake representation, they cannot give legal advice, and they cannot represent a client in court, but besides that the paralegals can assist with all the things that the attorney does (Canaday, n.d., p. 1). Paralegals can’t do these things because they are not lawyers and it’s not their job to do
The paralegal industry has changed over the last thirty years, and according to Kane, “Is one of the fastest-growing professions on the globe”. There is a predicted growth rate of 28% between 2008 and
The paralegal profession developed as legal secretaries assumed additional duties to help attorneys with their workload. The paralegal performs legal tasks under the supervision of an attorney that maximizes attorneys' productivity and cost efficiency in the delivery of legal services. Paralegals work in many different types of law firms, corporations or government agencies in many areas of law (Hollingshead). All duties performed by a paralegal are under the supervision of an attorney who is responsible for the paralegal’s conduct. In fact, the American Bar Association Standing Committee on Paralegals define paralegals or legal assistants [used synonymously] as a person qualified by education, training or work experiences, who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specific delegated legal substantive work for which a lawyer is responsible (ABA). In class, we learne...
There is a continuing need and demand for legal services that are accessible to the public, and in order for information about legal services to reach these people then it is necessary that legal professionals be able to advertise in some way. The ABA Model Rules have specific guidelines concerning how advertising legal services should be handled, and each state had adopted laws that follow these in some way or another. Understanding these guidelines and knowing state laws that regulate advertising legal services is necessary for all legal professionals so that their services are offered to the public while working withing the boundaries of the law. The unit six seminar discusses what legal advertising and solicitation is, the difference between the two, and the guidelines for legally advertising as a legal professional.
In order for attorneys to effectively represent their clients rules govern how and what information is gathered, used, and stored or destroyed. The unit three seminar discusses the rules that regulate these things during and after the representation of a client. There are several systems in place that protect clients and their confidential information from being misused by those who are involved in their cases and legal matters. The duty of confidentiality, attorney/client privilege, and the work product privilege are the topics discussed during this seminar for the purpose of teaching the differences between them all as well as how each works and for what purpose.
Paralegals are a crucial part of the criminal justice system. They are some of the hardest workers in the legal system, yet are sometimes underappreciated. It seems as though being a paralegal can stressful, exhausting, and overwhelming, but many find this worth the stress because they are challenged to solve problems, think creatively, and are making a difference and improving the lives of others. Overall, paralegals perform a range of duties that make them a vital part of the justice system, and though this job is stressful, it has benefits as well.
There happens to be many legal duties of a criminal justice lawyer. For starters, criminal defense lawyers have a duty to keep all of the discussion between them and their client completely confidential. This is often referred to as