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Submitted By MontDaDon
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Monday
Carl, a paralegal was sitting in Mr. Howe’s office and overhears activity in the waiting room. Carl decided to the door to see what was going on. There was a couple standing there asking to see a divorce lawyer. 1 1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services;
(4) to secure legal advice about the lawyer's compliance with these Rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client; or
(6) to comply with other law or a court order. When Zeke (Jane boyfriend) asks to use the phone Carl allows him to come behind the desk where there were open files lying on the desk. Rule 1.13 Organization as client is being broken.

EC-1.2(d) | A paralegal shall not knowingly engage in fraudulent billing practices. Such practices may include, but are not limited to: inflation of hours billed to a client or employer; misrepresentation of the nature of tasks performed; and/or submission of fraudulent expense and disbursement documentation | Tuesday: On Monday night, Jane speaks to her husband about alimony where her husband became angry and on Tuesday filed for a divorce. Jane also makes an appointment with Mr. Howe and was given Carl a paralegal that she had already spoken with. There are several ethic violations that were broken. Again Rule 1.6 Confidentiality of information, when he talks to someone else on the phone in front of Jane. A paralegal shall be aware of and abide by all legal authority governing confidential information in the jurisdiction in which the paralegal practices. | EC-1.5(b) | A paralegal shall not use confidential information to the disadvantage of the client. | EC-1.5(c) | A paralegal shall not use confidential information to the advantage of the paralegal or of a third person. | EC-1.5(d) | A paralegal may reveal confidential information only after full disclosure and with the client's written consent; or, when required by law or court order; or, when necessary to prevent the client from committing an act that could result in death or serious bodily harm. | EC-1.5(e) | A paralegal shall keep those individuals responsible for the legal representation of a client fully informed of any confidential information the paralegal may have pertaining to that client. | EC-1.5(f) | A paralegal shall not engage in any indiscreet communications concerning clients. | EC-1.2(d) | A paralegal shall not knowingly engage in fraudulent billing practices. Such practices may include, but are not limited to: inflation of hours billed to a client or employer; misrepresentation of the nature of tasks performed; and/or submission of fraudulent expense and disbursement documentation |
A paralegal shall act within the bounds of the law, solely for the benefit of the client, and shall be free of compromising influences and loyalties. Neither the paralegal's personal or business interest, nor those of other clients or third persons, should compromise the paralegal's professional judgment and loyalty to the client. 1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
2) A paralegal shall act within the bounds of the law, solely for the benefit of the client, and shall be free of compromising influences and loyalties. Neither the paralegal's personal or business interest, nor those of other clients or third persons, should compromise the paralegal's professional judgment and loyalty to the client
Wednesday
Rule 1.6: Confidentiality of Information (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
EC-1.2(b) A paralegal shall not communicate, or cause another to communicate, with a party the paralegal knows to be represented by a lawyer in a pending matter without the prior consent of the lawyer representing such other party. Rule 1.18 Duties to Prospective Client
(a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.
(b) Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as Rule 1.9 would permit with respect to information of a former client. (b) EC-1.2(a) | A paralegal shall not engage in any ex parte communications involving the courts or any other adjudicatory body in an attempt to exert undue influence or to obtain advantage or the benefit of only one party. | EC-1.5(f) | A paralegal shall not engage in any indiscreet communications concerning clients. |
Thursday
Rule 1.6: Confidentiality of Information (c) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). (d) EC-1.2(b) A paralegal shall not communicate, or cause another to communicate, with a party the paralegal knows to be represented by a lawyer in a pending matter without the prior consent of the lawyer representing such other party.
Mr. Carl discusses Zeke’s and Jane’s conversation to each other.
Rule 1.18 Duties to Prospective Client
(a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.
(b) Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as Rule 1.9 would permit with respect to information of a former client.
Friday
Rule 1.6: Confidentiality of Information (e) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
EC-1.2(b) A paralegal shall not communicate, or cause another to communicate, with a party the paralegal knows to be represented by a lawyer in a pending matter without the prior consent of the lawyer representing such other party.
Rule 1.18 Duties to Prospective Client
(a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.
(b) Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as Rule 1.9 would permit with respect to information of a former client. (f) EC-1.2(a) | A paralegal shall not engage in any ex parte communications involving the courts or any other adjudicatory body in an attempt to exert undue influence or to obtain advantage or the benefit of only one party. | EC-1.5(f) | A paralegal shall not engage in any indiscreet communications concerning clients. |

Attorney Howe and Carl goes to court to argue Jane’s alimony.
Carl stands up to identify himself and does it because Mr. Howe is not present but he is not supposed to do anything being a paralegal.
The ethical violation that I chose is confidentiality. First I would not disclose anyone’s information to anyone other than that person. I would have handled it without any violations by just simply letting Mr. Howe do all the work he was supposed to do and I do my paperwork instead of taking on the attorney’s role.
The ABA and the NFPA ethical considerations are written by Mike Wilson, Esq

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