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ETHICAL DILEMMAS

ETHICAL DILEMMAS. Common Ethical Issues. Client Relationships. Personal relationships Client “secrets” The “go between” Loyalty. Conflicts of Interest. Job changes Personal interest Business relationship. How to Identify Conflict of Interest. Keep listing of all cases

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ETHICAL DILEMMAS

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  1. ETHICAL DILEMMAS Common Ethical Issues

  2. Client Relationships • Personal relationships • Client “secrets” • The “go between” • Loyalty

  3. Conflicts of Interest • Job changes • Personal interest • Business relationship

  4. How to Identify Conflict of Interest • Keep listing of all cases • Name of client(s), opposing party(ies), and attorneys • When change employment, ask for list of cases or matters from new firm • Review list to determine if recognize any names • Compare old list to new list • Advise new employer if suspect conflict • Provide only enough information for employer to make a determination

  5. Check on new clients and matters as they come in and add to list • Check for new parties in current matters

  6. If it is determined that a conflict exists: • Must be totally insulated from the case • Not discuss or allow anyone else to discuss in your presence • Not read anything pertaining to case or client • Not work in vicinity where file is open to view • Absolutely no contact-verbal or physical

  7. Unauthorized Practice of Law (“UPL”) • Giving legal advice includes making an educated decision based upon circumstances specific to that particular client, i.e. choosing between two or more alternatives. • May know the answer to a legal question, but must not fall into trap of answering (no matter how much pressure from client) • NEVER draft pleading or legal document, sign attorney’s name and file with court (even if the attorney or the client tells you to)

  8. Be careful with correspondence • If you have any concerns regarding the content of your letter • Have attorney review • Preface statements with “Mr. Jones asks that you…” or “Ms. Smith instructed me to tell you…” • Redraft letter for attorney’s signature

  9. Paralegals may do any task or perform any function (other than those specifically prohibited): -which is delegated by attorney or -which is authorized by court, administrative, or statutory authority

  10. Situations when an attorney is not present • Client is demanding something be done immediately • Attorney/opposing counsel is calling in and wants something done immediately • You realize that you or the attorney forgot a particular document that is required by the Court

  11. Along with such opportunity comes a great deal of responsibility • First and foremost, a paralegal must take responsibility for his/her own actions and conduct • Always strive to do and be your best • Push yourself to learn and grow in knowledge and experience • Get to know and understand the code of ethics and rules of professional conduct

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