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Posted: October 15th, 2022
Paralegal Ethical Standards
Read the “Focus On Ethics” fact pattern on page 511 of your Family Law textbook. Now assume you are the paralegal in the scenario. Citing the ethical rules for paralegals located in Appendix A of your textbook, identify any ethical violations, or potential violations, that you see in the scenario and describe how they might be avoided or resolved.
Paralegal Ethical Standards
Ethical issues arise in the course of paralegal practice thus determining the extent of their competence and professionalism. The paralegals are guided by different ethical considerations and standards as defined by the National Association of Legal Assistants (NALA). The ethical violations set in when the set ethical considerations are ignored and disregarded. In the case of Edwards the Attorney, Herman and Anna there are different instances of violation of the set ethical standards.
Ethical standards violated
The attempt to drag the case in question and continually earn from the case amounts to a violation of the maintenance of integrity and a high degree of competency acquired through education and training in line with professional responsibility, practice and local rules (Cannon and Aytch, 2017). Edward argues that as a paralegal I need to drag the case and charge the client at $250 per hour. The delay is in the financial interest of the client and at the expense of the client. This approach does not observe the integrity and competency standards that need to be observed by paralegals.
The fact that the paralegal represents Herman but meets Anna and gives her some advice on the case affe3cting her violates the standards of enhancing client confidentiality. The paralegal communicates with Anna thus violating rules and statues that control the doctrine of privileged communications between the attorney and the client (Quick, 2010). The paralegal is working for Herman under the Edward (attorney) in the case of Anna versus Herman but he engages in advising Anna on the steps she needs to take to win the case. This communication violates client confidentiality and the doctrine of privileged communication.
In conclusion, the operations and practice of the paralegals are guided and controlled by an ethical standard as defined by the NALA. Disregard of the ethical standards amounts to violation. In this case, the paralegal violates different ethical standards that include the breach of client confidentiality and failure to exercise integrity and professional competency.
References
Quick, J. (2010). Legal, professional and ethical considerations of advanced perioperative practice. Journal of perioperative practice, 20(5), 177-180.
Cannon, T. A., & Aytch, S. T. (2017). Ethics and professional responsibility for paralegals. Wolters Kluwer Law & Business.
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