M03 Writing Assignment Confidentiality Scenario

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Hillsborough Community College *

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1700

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Mathematics

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Jan 9, 2024

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docx

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Taylor 1 Davetra Taylor Legs 170 Professor Becsey November 11, 2023 M03 Writing Assignment: Confidentiality Scenario 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? The copy of the contract along with the witness list would not be protected and would be turned over to opposing counsel during discovery. What would be protected are the attorney’s notes as well as the statement by the client regarding an unrelated chemical spill.

Taylor 2 By leaving the file behind there is a violation of Indiana Rules of Professional Conduct 1.6 which states: Rule 1.6 - Confidentiality of Information, Ind. R. Prof'l. Cond. 1.6 (“(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).”) [ CITATION Ind231 \l 1033 ] By leaving the file behind the Paralegal could have placed the outcome of the case in jeopardy. Even though this was an error on the part of the paralegal, opposing counsel does have obligations under the American Bar Association Rule 4.4(b) which states: (b) A lawyer who receives a document or electronically stored information relating to the representation of the lawyer's client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall promptly notify the sender. This Rule does not mean that the attorney is not allowed to read the information just that he has to inform and return it to the correct counsel. Preserving confidentiality and taking the proper precautions should be taken seriously. Maintaining client confidentiality is a vital part of the attorney-client relationship. The paralegal is also bound by the American Bar Association Rule 5.3(b), which states:

Taylor 3 (b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer…. [ CITATION Ame7 \l 1033 ] 2. What are the potential consequences for you and for your attorney? The potential consequences for both could include disciplinary action for both. The attorney could face sanctions, including being disbarred as well as being sued by the client if there is a valid negligence case. [ CITATION Ame8 \l 1033 ] 3. Can anyone else in this scenario expect legal consequences? Why or why not? No, the Rule limits what the opposing attorney can view or use. In our case, the paralegal from the opposing side found the documents, and if they did not disclose or share any information from the file, and returned it. In that case, they will not face legal or disciplinary action.

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