PLEG100 Case scenerio
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School
Bryant & Stratton College *
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Course
100
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by CorporalBook9034
1
Case Scenario
Legal ethics applies to everyone who works in the legal field, even legal assistants and paralegals. Two core aspects of the legal profession are ethical standards and ethical conduct. The importance of legal ethics in the profession is when following ethical rules, it can help establish the integrity of the profession, ensure the privacy of clients, and protect the firm and the
attorney. On the off chance that paralegals break lawful morals, serious authorizations can result, including suspension or denial of your paralegal permit, a fine, cutback of your employment, or on the other hand, assuming that there was crime, reference to the suitable specialists. Legitimate
morals for paralegals are like those for attorneys. Possible consequences for violating ethical rules are reprimands, civil liabilities, suspensions, disbarment, training, and URL Statutes.
In incident one, Candy Smith violated the confidentiality of the client’s information, in her post she shared sensitive information about a high-profile client publicly. Even though she did not use names or what firm she worked for, people could still find the identity of the client. Paralegals are held to the same standards as lawyers, they are expected to understand the legal ethics of the legal profession and how to avoid violating those rules. According to the National Federation of Paralegal Association’s Model Code of Ethics and Professional Responsibilities and Guidelines for Enforcement, Candy violated rule 1.5 which states, “A paralegal hall preserve
all confidential information provided by the client or acquired from other sources before, during, and after the course of the professional relationship.” To avoid this type of ethical issue paralegals should not share details about their clients on social media, doing this can jeopardize the client’s reputation and the reputation of the attorney. Another way to avoid this issue is to keep your personal life and work life separate.
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In incident two, Candy should not have given the client any legal advice because paralegals are not legally permitted to give legal advice to clients, this is considered an unauthorized practice of law. Only lawyers are authorized to provide a client's prospects for success in the case or give advice on strategy. The law firm may be at risk of litigation when a paralegal provides legal advice to its clients while working for it, if they take the advice and are harmed by it. According to the National Federation of Paralegal Association’s Model Code of Ethics and Professional Responsibilities and Guidelines for Enforcement, Candy violated rule 1.8 which states, ‘A paralegal shall not engage in the unauthorized practice of law.” To avoid this
type of ethical issue a paralegal should not provide legal advice to anyone, not even friends or family members.
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