case study five
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School
Mohawk College *
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Course
LAWS10125
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
2
Uploaded by DeaconValorMule45
Kyereme, Felicia
000928718
2023-11-21
Case study #5
Case study five
You represent a local restaurant owner, John Smith, in a lawsuit that has been
brought against his business. This matter has progressed to trial and is now
receiving significant media attention. John Smith has asked you to read a
statement to the press that he has prepared. Given you have your client’s
consent, are you permitted to comment on this matter to the media
Issue
In this matter, the issue is whether I can legally make public comments on the case after
obtaining consent from the client.
Rules/laws
Rule 6.01 (4) Public appearances and statements
Rule 3.03 (1) confidential information
Analysis
A paralegal must always maintain strict confidentiality regarding a client's information and
ensure that all their documents and information are carefully watched and cared for. In this case,
it is important to note that the client has given us the authority, the Paralegal, to act and provide
input on the case. This consent from the client is an important factor in allowing the Paralegal to
perform their duties without flouting the law.
According to Rule 6.01(4), we can communicate information to the media if there is no
violation of the law and no breach of the duty owed to the paralegal profession, courts, or
administration of justice. We have obtained permission from the client to act, so we have not
infringed any laws unless we disclosed information before the trial began. However, we clearly
have not done so, which comes from Rule 6.01(4.1). Commenting on this case should be all right
if we are not bashing the legal system or any of the people involved in it.
Rule 3.03 (1) also states that a paralegal must maintain confidentiality of files and information
unless the client allows disclosure. As we have obtained permission from the client, we can
confidently provide input on the case without violating any of the laws or rules governing our
profession.
Conclusion
To conclude, we can legally comment on the case without infringing any laws or rules from the
LOS. This is supported by Rules 6.01(4) and 3.03(1).
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