Jess is a paralegal who received his license four months ago.
Jess is a paralegal who received his license four months ago. He works for a senior paralegal named Loralei who is representing the defendant on a complicated collection matter. Jess and Lorelai attended a meeting held at the office of a licensee named Luke Gilmore who acts for the plaintiff. As the meeting progressed, Luke asked Lorelai for the defendant’s affidavit. Lorelai asked Jess to get the affidavit out of the file. Jess looked in the file but was unable to find it. Then Jess looked in his briefcase and was unable to find it there. Suddenly Jess realized he had forgotten the affidavit at the office. Jess told Lorelai he would have to run back to the office to get the affidavit and Lorelai angrily responded: “This is unbelievable! It’s so typical of you to have left it behind! If you weren’t so good looking and attractive to female clients, I’d rethink your employment contract! Do you even know where the office is, let alone where it is at the office?” Jess mumbled something loudly about Lorelai’s personality in response, and stalked toward the door. On the drive back to the office Jess realized that he had forgotten to call the client to have him come in to Lorelai’s office to sign the affidavit and the client is now out of town for the next seven days. Jess phoned Lorelai who put him on speakerphone to talk while she reviewed a document. Jess told Lorelai the affidavit was not signed and the client was out of town for several days, at which point Lorelai quickly picked up the phone and sighed loudly. Lorelai told Jess to get on with it as quickly as possible and hung up. Lorelai turned to Luke and said she would give him an undertaking to forward the sworn affidavit to Luke’s office within 3 days.
Please identify all ethical and professional issues that arise in the fact situation above. If appropriate, discuss what you would have recommended should have been done in the circumstances to comply with professional obligations.
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