ETHICAL DILEMMASETHICAL DILEMMAS

Common Ethical IssuesCommon Ethical Issues

Client RelationshipsClient Relationships

Personal relationshipsPersonal relationships Client “secrets”Client “secrets” The “go between”The “go between” LoyaltyLoyalty

Conflicts of InterestConflicts of Interest

Job changesJob changes Personal interestPersonal interest Business relationshipBusiness relationship

How to Identify Conflict of InterestHow to Identify Conflict of Interest

Keep listing of all casesKeep listing of all cases Name of client(s), opposing party(ies), Name of client(s), opposing party(ies),

and attorneysand attorneys When change employment, ask for list When change employment, ask for list

of cases or matters from new firmof cases or matters from new firm Review list to determine if recognize any Review list to determine if recognize any

namesnames Compare old list to new listCompare old list to new list Advise new employer if suspect conflictAdvise new employer if suspect conflict Provide only enough information for Provide only enough information for

employer to make a determinationemployer to make a determination

Check on new clients and matters as Check on new clients and matters as they come in and add to listthey come in and add to list

Check for new parties in current mattersCheck for new parties in current matters

If it is determined that a conflict If it is determined that a conflict exists:exists:

Must be totally insulated from the caseMust be totally insulated from the case Not discuss or allow anyone else to Not discuss or allow anyone else to

discuss in your presencediscuss in your presence Not read anything pertaining to case or Not read anything pertaining to case or

clientclient Not work in vicinity where file is open Not work in vicinity where file is open

to viewto view Absolutely no contact-verbal or Absolutely no contact-verbal or

physicalphysical

Unauthorized Practice of Law Unauthorized Practice of Law (“UPL”)(“UPL”)

Giving legal advice includes Giving legal advice includes making an making an educated decision based upon educated decision based upon circumstances specific to that particular circumstances specific to that particular client, i.e. choosing between two or more client, i.e. choosing between two or more alternatives.alternatives.

May know the answer to a legal question, May know the answer to a legal question, but but must notmust not fall into trap of answering (no fall into trap of answering (no matter how much pressure from client)matter how much pressure from client)

NEVER draft pleading or legal document, NEVER draft pleading or legal document, sign attorney’s name and file with court sign attorney’s name and file with court (even if the attorney or the client tells you (even if the attorney or the client tells you to)to)

Be careful with correspondenceBe careful with correspondence

If you have any concerns regarding If you have any concerns regarding the content of your letterthe content of your letter Have attorney reviewHave attorney review Preface statements with “Mr. Jones asks Preface statements with “Mr. Jones asks

that you…” or “Ms. Smith instructed me that you…” or “Ms. Smith instructed me to tell you…”to tell you…”

Redraft letter for attorney’s signatureRedraft letter for attorney’s signature

Paralegals may do any task or Paralegals may do any task or perform any function (other than perform any function (other than

those specifically prohibited):those specifically prohibited):

-which is delegated by attorney or-which is delegated by attorney or

-which is authorized by court, -which is authorized by court, administrative, or statutory authorityadministrative, or statutory authority

Situations when an attorney is not Situations when an attorney is not presentpresent

Client is demanding something be Client is demanding something be done immediatelydone immediately

Attorney/opposing counsel is calling Attorney/opposing counsel is calling in and wants something done in and wants something done immediatelyimmediately

You realize that you or the attorney You realize that you or the attorney forgot a particular document that is forgot a particular document that is required by the Courtrequired by the Court

Along with such opportunity comes Along with such opportunity comes a great deal of responsibilitya great deal of responsibility

First and foremost, a paralegal First and foremost, a paralegal mustmust take responsibility for his/her own take responsibility for his/her own actions and conductactions and conduct

Always strive to do and be your bestAlways strive to do and be your best Push yourself to learn and grow in Push yourself to learn and grow in

knowledge and experienceknowledge and experience Get to know and understand the code Get to know and understand the code

of ethics and rules of professional of ethics and rules of professional conductconduct