For This day the paralegal made more violation as the previous days. Carl made personal conflict with the clients personal information and released information to the client regarding her ex-boyfriend. The paralegal scheduled the person she advertised the law firm to at the scene of the accident to meet with Howe without his consent to do so before. Carl takes the new case without the assistance of the attorney and also gives advice to the new client sally brown regarding what to say and informs her to lie to be able to win the case. The last violation the paralegal did for the day was he gave the client an estimate of how much she would be charged without discussing it with the attorney.
Fourth ethical issue I spotted was the relationship was deepened when Dr. Lowenstein asked Tom to coach her son in football. This is an indicator of a dual relationship that should be prohibited. Football is a contact sport and this created a relationship between Tom and Susan’s son. The relationship escalated as Tom and the son we rolling around in the grass and became close as summer went on. This is an unreasonable distance between client and Susan’s personal life.
As a paralegal I am not sure if in this case I would have any ethical issue. The ethical question would apply more of the relationship between the attorney and client. If the paralegal finds unethical to work on a case where the client is obviously obsess with money and nothing else, and perhaps is willing to do anything to keep his business assets, than the paralegal can asked to not work on the case. In my opinion, to even work in family law practice that takes a special person. Perhaps, someone who understands, that every person have different values and is willing to take extra measures to achieve his or her goal. As well as, probably in every divorce case, one of the spouses is just like Mary Johnson and the other very similar to Samuel
The ethical dilemma concerns the client’s best interest vs do no harm. The case worker is attempting to determine the best placement for each of the sisters, together or separately. All client systems must be considered carefully in order to prevent harm to either parties. In order to make a
At the time Cynthia Cooper discovered the accounting fraud, WorldCom did not have a whistleblower hotline process in place. Instead, Cynthia took on significant risks when she stepped over Scott Sullivan’s head and notified the audit committee chairman of her findings. Conduct an Internet search to locate a copy of the Sarbanes-Oxley Act of 2002. Summarize the requirements of Section 301.4 of the Act.
Polly Paralegal finds himself in an ethical dilemma when Mr. Stan Smith asks him “Do the grounds for divorce in North Carolina include adultery?” A day later, the wife of Stan Smith asks if she has grounds for divorce in the same state because her husband has committed adultery. If Polly Paralegal answers that question for either one of his friends he will be committing UPL or Unauthorized Practice of Law. The consequences for UPL can be devastating to a paralegal and the entire law office that the paralegal that is employed by.
3. Stephanie is a licensed professional counselor (LPC) who has decided to start a private practice. As she makes her plans, there are many ethical issues she must
What are the legal and ethical issues involved for the paralegal when the potential client says he or she just wants a quick answer to the question, “Do I have a case?” Explain fully, including references to your state statue.
He might also present a biased decision because he thinks Gwen is a great counselor and does not want to see her quit, which could be the best thing for Gwen’s well-being. There was another way of dealing with this situation. Ken should have referred Gwen to another therapist to work on her problems and let her decide what the best path to choose is. He should have respected the professional boundaries of his career and known that the situation he was entering was potentially unethical. Extending the boundary beyond supervision can complicate the supervisory relationship. The same types of ethical issues still apply, if Ken had recommended to Gwen that she temporarily discontinue her field placement, and enter therapy in his private practice. He still has the establishment of the supervisor-supervisee relationship with Gwen; it is just temporarily on hold. It still creates a dual relationship that can potentially be harmful and the conflict of interest can still apply. The situation can also effect Ken’s reputation and the reputation of this profession. Frederic G. Reamer (2007) quoted, “The current National Association of Social Workers (NASW) Code of Ethics, unlike its predecessors, includes numerous standards pertaining to dual relationships involving social work supervisors, consultants, educators, and field instructors (standards 3.01[b,c] and 3.02[d]). As in relationships with clients, social workers who serve as
In this case, the psychologist is presented with several ethical issues which could cause harm to the client. The first ethical issue that arose in this case is the potential for a role conflict. The psychologist and Mr. Hartwig had contact prior to the development of a therapeutic relationship when the psychologist bought a car from Mr. Hartwig. It may not be enough that the brief, informal relationship ended. The psychologist must assess the dimensions of the previous relationship from the viewpoint of the client as well as his/her own personal feelings (Koocher & Keith-Spiegel, 2008). For example, the client could feel that he gave the psychologist a good deal and that the psychologist was indebted to him. This could leave the
Merriam-Webster dictionary defines an ethical dilemma as a problem where a person has to choose between a moral and an immoral act. Attorneys come into contact daily which involves the attorney-client relationships. The attorney-client privilege is a legal privilege that works to keep communications between a lawyer and his/her client secret (silence is golden). The privilege is a legal doctrine that protects confidential information, the contents and actions related to the privileged communication must preserve the integrity of the attorney-client privilege. This paper presents the ethical dilemmas of the attorney-client privileges, trust and the importance of adequate closure in attorney-client relationships.
2.).Ms. Okoro initiated an ethical consult on a patient who was dealing with cancer, had suffered from depression and she was the mental health treatment coordinator. The veteran had been placed on hospice and his medication was stopped, but he did not want to be on hospice. The family came to see her to ask what he can do. I placed an ethical consults where it was determined that this individual had the right to refuse hospice and the outcome is he continued to receive all his mental health medication that had been discontinued after commencing the hospice and did not lose self-determination because had mild cognitive decline till he passed on.
The paralegal should avoid all conduct that undermines the integrity of the litigation process. They have an obligation not to mislead the court or opposing counsel.
On September 6, 2017, I spoke with Megan Engelhardt from the lawyer’s ethics board regarding a potential conflict. The conflict is as follows:
How would you describe the ethical dilemma confronted by the managers at the law firm?