Examining Ethical Dilemmas related to the Unauthorized Practice of Law
Order Instructions
Research and analyze these legal ethical dilemmas. Be sure to consider all points of view and all possible solutions.
1.You have worked at your law firm for over 20 years. You began as a legal secretary and now you are a paralegal. As you pass the conference rooms, you see that your favorite client is sitting there alone. You stop to say hello, and your client asks you to sit down while waiting for the attorney to come. You discuss the client’s family, recent trips, and other social topics. During the discussion, the client relates the fact of a sexual harassment incident that occurred at the client’s company. The client provides you with the facts and asks what you think. You tell the client to wait for the attorney. The client is very disturbed by this event and asks you how you would resolve the issue. You see no harm in discussing your personal viewpoint and conclusion based on the information that they gave you. Did you engage in the unauthorized practice of law?
2.You have been a paralegal at your current law firm for over 12 years. During that time, when the attorney was not available you would meet with the clients to discuss the status of the case, new information, and any questions they may have. You have always done this with clients and you have had any complications. Are you engaging in the unauthorized practice of law?
3.In the workplace, a co-worker tells you about a legal matter that they have been dealing with. You ask the co-worker about the details. You tell the co-worker that your nephew, who is an attorney, was just discussing a similar case and proceed to share your nephew’s thoughts and comments. Have you engaged in the unauthorized practice of law?
Sources to help:
https://corporate.findlaw.com/litigation-disputes/practicing-with-paralegal.html
UNAUTHORIZED PRACTICE OF LAW AND MEANINGFUL ACCESS TO THE COURTS: IS LAW TOO IMPORTANT TO BE LEFT TO LAWYERS?
Authors- Longobardi, Matthew
Stifled Justice: The Unauthorized Practice of Law and Internet Legal Resources.
Author – Rotenberg, Mathew
* There are also some uploaded in the files section*
* I put 5 sources but you can do as many as you need to complete the assignment*
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