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Ethical and Critical Thinking Law

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Submitted By jbrewer
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MONDAY When Jane came into the office, Carl offered to talk to her when she asked for an attorney. He did not identify himself as a paralegal. Carl failed to identify himself as a paralegal.
ABA 5.5 (b) ( NFPA EC-1.7(a) A paralegal’s title shall clearly indicate the individual’s status and shall be disclosed in all business and professional communications to avoid misunderstandings and misconceptions about the paralegal’s role and responsibilities.
When Carl took a third person into the interview, that was a breach of confidentiality. (NFPA 1.5 A PARALEGAL SHALL PRESERVE ALL CONFIDENTIAL INFORMATION PROVIDED BY THE CLIENT OR ACQUIRED FROM OTHER SOURCES BEFORE, DURING, AND AFTER THE COURSE OF THE PROFESSIONAL RELATIONSHIP) ABA 1.6 Carl was advising the client about alimony, fees, and other matters, which crossed the line on practicing law. (NFPA EC-1.8(a) A paralegal shall comply with the applicable legal authority governing the unauthorized practice of law in the jurisdiction in which the paralegal practices) ABA 5.5

Carl allowed the friend of the client to possibly see names and information on Attorney Howe’s desk. (NFPA 1.5 A PARALEGAL SHALL PRESERVE ALL CONFIDENTIAL INFORMATION PROVIDED BY THE CLIENT OR ACQUIRED FROM OTHER SOURCES BEFORE, DURING, AND AFTER THE COURSE OF THE PROFESSIONAL RELATIONSHIP.) ABA 1.6
When Jane and Zeke walk through the reception area, Carl starts talking loudly about the case, mentioning alimony—another breach of confidentiality. (NFPA 1.5 A PARALEGAL SHALL PRESERVE ALL CONFIDENTIAL INFORMATION PROVIDED BY THE CLIENT OR ACQUIRED FROM OTHER SOURCES BEFORE, DURING, AND AFTER THE COURSE OF THE PROFESSIONAL RELATIONSHIP.) ABA 1.6
Comments: Carl did not follow the rules of a paralegal. He was not upfront with Jane on being a Paralegal not a Attorney act out as a Attorney. He also allowed a third party in the room with Jane

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