When an attorney agrees to represent a client the attorney and the client create a responsibility of confidentiality. This is so that the client can feel free to speak about all the facts of the case with the lawyer without fear of repercussion. After the case Is over this responsibility of confidentiality does not end. Is as if we would say that after a patient walks out of the doctors office the doctor is now able to talk about the patients health problems freely with others.
In order for an attorney to speak about influences of a client in a book an attorney must be granted consent by the client and or the identity of the client nor anything that Identifies a client can be directed in the book towards the true client. 2. If I lived In a Jurisdiction that followed the model rules of professional conduct, It would be my ethical duty to report the probability of this client harming his sister. It is the ethical responsibility that unless great danger or harm to oneself or others can be avoided by revealing the information must remain confidential. . Since the Smith’s are going through a divorce and I have the accessibility of keeping the information of my client confidential, The accountant calling in regards of the Income tax files will have to try and get the Information from Mr.. Smith himself. There Is no way that I can verify that this Is truly the accountant of Mr.. Smith. The only person that can ask for their files at that point In time would be Mr.. Smith himself. 4. Clients lie all the time while under oath.
It is not the lawyer’s responsibility to bring this to the courts light. It is the responsibility of the lawyer to not deceit the court while representing the client and presenting the evidence at hand. 7. The client- attorney privilege only protects the essence of a communication made In confidence between a client and a lawyer when the client Is seeking legal advice or representation. Information from other sources given by the client to the lawyer does not make that information protected.
Under the ethical duty of confidentiality, any information relating to the representation of a client is protected as confidential. 8. When is said that paralegals are subject to the principle of the client- attorney privilege, it is meant that paralegals must also abide by the rules and regulations that lawyers follow under this rule. . First of and foremost a paralegal can always turn to the attorney who they are employed under for guidance.
It Is the duty of the attorney who has employed this paralegal to ensure that the paralegal Is fully aware of the rules and obligations they have. The paralegal can also seek counsel from the paralegal association of their state. Page 101 &102 1 1 en model rules AT professional conduct state Tanat Dilatation required Day an attorney to follow pertaining to conflict of interest. The national Federation of Paralegal Associations gives a detail list of the rules and regulations to which a Raleigh must abide by. 3.
Representation of two parties that are going through a legal matter by one single attorney should be avoided at all costs because it can lead to disaster. In this case the attorney should not represent both Betty and Allan because if a problem evolves during the transaction, Élan’s attorney would have information of both clients that can harm the representation in a potential case. 5. In this case being that my spouse has direct contact with one of the parties the firm has recently made a client off of, it would be a conflict of interest if I became the paralegal of this case.
The reasoning behind this is that I might be bias to the case in favor of the sporting goods store since my wife has contact with them or I may know more information then the client wishes to reveal. 7. In this case my firm can represent Kevin because it is two completely different auto shops and my firm has never dealt with either party. Each party is a new client to the law firm and the law firm has no previous knowledge of their history. 9. No, Sarah cannot represent a client to which her husband is the attorney of the opposing client. This would cause a great conflict of interest.