Writing Assignment 3 Confidentiality Scenario
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Ivy Tech Community College, Indianapolis *
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Course
170
Subject
Law
Date
Jan 9, 2024
Type
docx
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2
Uploaded by aaliyahgraddy
You are a paralegal in a small firm, and your attorney is representing a local
waste management company in a contract case. One day, you are working
on the file and decide to take it with you while you eat lunch at a local cafe.
You accidentally leave it behind, and a paralegal from the law firm on the
other side of the litigation finds it and takes it with her. In the file are:
a copy of the contract
the attorney's notes on the research she has done to prepare for
trial
a witness list
a statement by the client to their attorney about an unrelated
chemical spill.
1.
Which pieces of evidence are protected by which doctrines and
why?
2.
What are the potential consequences for you and for your attorney?
3.
Can anyone else in this scenario expect legal consequences? Why
or why not?
Which Pieces of Evidence are protected by which doctrines and why?
The only pieces of Evidence that are protected by doctrines are the attorney’s notes on the
research she had done to prepare for the trial and a statement by the client to their attorney about
an unrelated chemical spill. I say this because information regarding what the attorney thinks
about the client is not admissible according to rule 26(b) “if the court orders discovery of those
materials, it must protect against the mental impressions, conclusions, opinions, or legal theories
of a party’s attorney or other representative concerning the litigation.” Seeing as one is strictly an
opinion and the other has nothing to do with the case and was told in private between the client
and the lawyer. Neither of these could be admitted to the trial.
2. What are the potential consequences for you and your attorney?
I will have to face consequences, since I left important files behind, it would first come down
to the attorney I am currently working for to give me disciplinary actions that I would have
because I do not go through the Bar Association. However, the attorney I work for would receive
disciplinary action as well from my mistake from the Bar Association since I technically broke
the rule 1.6 of the Aba Model Rule. The rule 1.6 Confidentiality of Information specifically
states, “a lawyer shall not reveal information relating to the representation of a client unless the
client gives informed consent.” Not to mention my attorney would potentially be fired from their
client as well.
3. Can anyone else in this scenario expect legal consequences? Why or why not?
Yes, the person should also expect legal consequences for picking up files that did not belong to
her at all and because of the rule 5.3 Responsibilities Regarding Nonlawyer Assistants in the
ABA Model Rules. This explains that attorney she works for is also responsible for her actions
even if he didn’t know nor was aware of her actions, this means not only does she have to face
consequences, the attorney she works for will as well.
References;
https://www.in.gov/courts/rules/prof_conduct/#_Toc59012633
https://www.americanbar.org/
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