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Assignment 1 watch youtube seminar video (1/4 page of *notes*to show you watched it, 1/4 page of take away points) no citations needed.
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Assignment 2 (1/2 page,150 words minimum, cite 1 referenece)
Watch the video
Goldman, T. F. (n.d.). Confidentiality Issue: Family Exemption. Pearson Always Learning. Pearson. Retrieved November 11, 2023, from https://media.pearsoncmg.com/ph/chet/careersresources/goldman_civillit4e/goldman_civillit4e_ch2.html.
While having coffee with her mother, a paralegal discusses a case on which she is working. Discuss the following questions.
What ethical rules, if any, has the paralegal violated by disclosing this information to her mother?
What are the potential consequences for the paralegal who discloses this information?
What are the potential consequences for the supervising attorney?
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Assignment 3 (1/4 page, ask one question to Ciara, cite 1 reference)
Is it Truly Alright? Unit 1
Ciara posted Oct 16, 2024 8:30 AM
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Although the case that the paralegal discussed with her mother was quite enjoyable, disclosing imperative information related to the case involved reflects on the supervising attorney. Here’s why: first, a paralegal, according to Goldman et al., (2018), needs a supervising attorney to handle any case and is a direct reflection of that attorney. The lawyer she works for is held by several rules of the American Bar Association, and in tandem, she likewise is held by a different set of standards that still reflect the supervising attorney’s standards. The confidentiality and fiduciary duty to provide reasonable care for the client constitute an ethical breach as per Goldman et al., p. 39, 2018).
If a paralegal gets caught speaking openly about a case, the attorney may not trust them and let them go from their position. Furthermore, per NALA (n.d), breaking Canon number 1 may cancel their membership, so they cannot practice as paralegals ever again.
According to ATTORNEY-CLIENT PRIVILEGE: ARE PARALEGALS INVOLVED (n.d.), the attorney is responsible for the behaviors of their staff, including their paralegal, and should matters go away, then the lawyer will be penalized for the staff’s actions. A lawyer could face serious or less severe sanctions should one of their staff go against the rules set forth in the ethical rules of conduct. For instance, a super serious sanction could be disbarment, and a less severe sanction could be probation. This is why a paralegal needs to maintain professionalism (Rule 10, 2020).
What are your thoughts about the paralegal speaking with her mom about a case she’s directly involved with at her firm?
References
ATTORNEY-CLIENT PRIVILEGE: ARE PARALEGALS INVOLVED? (n.d.). First Legal. Retrieved October 15, 2024, from https://www.firstlegalnetwork.com/paralegal-client-privilege/
Goldman, T. F., & Hughes, A. H. (2018). In Civil Litigation (4th ed., pp. 36-40). Pearson Education (US). https://purdueuniversityglobal.vitalsource.com/books/9780134831138
NALA Code of Ethics and Professional Responsibility – NALA. (n.d.). NALA. Retrieved October 15, 2024, from https://nala.org/certification/nala-code-ethics-and-professional-responsibility/
Rule 10. (2020, July 20). American Bar Association. Retrieved October 15, 2024, from https://www.americanbar.org/groups/professional_responsibility/resources/lawyer_ethics_regulation/model_rules_for_lawyer_disciplinary_enforcement/rule_10/
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Assignment 4 (1/4 page, ask one question to Netta, cite 1 reference)
Confidentiality Issue
Netta posted Oct 16, 2024 7:54 PM
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What ethical rules, if any, has the paralegal violated by disclosing this information to her mother?
By giving her mother access to case facts, the paralegal broke ethical guidelines. Any disclosure of information on a client’s case to an unaffiliated third party violates the fundamental ethical requirement of confidentiality in the legal profession. Unless the client expressly consents to disclosure, which was not the case in this instance, all client-related material is required to be kept confidential under the norms of professional conduct. According to Model Rule 1.6 of the American Bar Association (ABA), an attorney “shall not reveal information relating to the representation of a client unless the client gives informed consent” (ABA, 2020).
What are the potential consequences for the paralegal who discloses this information?
If the confidentiality breach is made public, the paralegal may be subject to disciplinary action, which includes losing their job or facing penalties from their professional body. If the client is harmed by the revelation, there may also be legal repercussions, including claims for carelessness or breach of confidentiality. Disciplinary actions may be taken against a paralegal member of the National Association of Legal Assistants (NALA) or the Paralegal Associations (NFPA). The paralegal may find it more difficult to obtain work in the legal industry in the future if they are subject to these penalties, which include suspension, revocation of membership, or loss of certification.
What are the potential consequences for the supervising attorney?
If a paralegal working under the supervision of a supervising attorney violates confidentially, the supervising attorney can be subject to many serious consequences. In the legal field, attorneys are accountable for their own behavior and the acts of the non-legal employees they manage. Attorneys must ensure that their employees follow ethical standards, which include protecting client confidence, and following the American Bar Association’s (ABA) Model Rule 5.3 (ABA, 2020). A breach of confidentiality by a paralegal may be grounds for disciplinary action by the state bar association, as it may suggest that the lawyer did not provide sufficient training or oversight. The reputation of the supervising attorney in the legal community can suffer a great deal. Confidentiality violations damage the public’s perception of the legal profession and raise concerns among other clients about the lawyer’s ability to safeguard their private information. Therefore, reducing these risks requires ensuring appropriate supervision, training, and ethical guidelines are provided.
References:
American Bar Association. (2020). Model Rules of Professional Conduct: Rule 1.6 – Confidentiality of Information. Retrieved from https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/
American Bar Association. (2020). Model Rules of Professional Conduct: Rule 5.3 – Responsibilities Regarding Nonlawyer Assistance. Retrieved from https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_3_responsibilities_regarding_nonlawyer_assistant/
Goldman, T. F. (n.d.). Confidentiality Issue: Family Exemption. Pearson Always Learning. Pearson. Retrieved November 11, 2023, from https://media.pearsoncmg.com/ph/chet/careersresources/goldman_civillit4e/goldman_civillit4e_ch2.html
National Federation of Paralegal Associations (NFPA). (2023). Paralegal Code of Ethics and Professional Responsibility. Retrieved from https://www.paralegals.org/files/Code_of_Ethics.pdf
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