Topic > Peter Paralegal's Legal Agreements - 998

Peter Paralegal is employed by the Honest law firm and has been instructed by his supervising attorney to prepare and conduct initial interviews with two prospective clients to see if a conflict of interest is present. Big Box and Value Mart are competitors and seek representation from the Honest Law Firm on unrelated matters. Peter Paralegal was also asked to carry out tasks relating to cases such as; prepare questions and conduct initial interviews, explain attorney fee provisions, establish attorney-client relationships, draft briefs and initial responses, interview witnesses, draft and sign initial case evaluation letters. Would it violate the ABA Model Rules of Professional Conduct for Peter the Paralegal to perform duties assigned by his supervising attorney? Would Peter Paralegal practice UPL if carrying out the work? Can the honest law firm ethically represent both clients on unrelated matters without conflict of interest? A paralegal is defined by the American Bar Association as a person, qualified by education, training, or work experience, employed or contracted by a lawyer, law firm, corporation, government agency, or other entity, and who performs specifically delegated substantial legal work referred to a lawyer is responsible. Paralegals work under the direct supervision of an attorney and follow the same ABA ethical rules as an attorney. ABA Rule 5.3 states that a lawyer must provide such assistants with adequate instruction and supervision on the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to the representation of the client, and should be responsible for their own work product . According to State B... half of the document... after the lawyer explains the conflict. 2 Under this rule, direct adversity occurs when a firm represents two clients who are engaged in litigation against each other. According to point 1.7(a), there are no direct adversities in these two scenarios. If a situation arose in the future where competitors might file lawsuits against each other, the lawyer could not ethically represent either company due to information learned while representing the companies on previous cases. A lawyer is required by Rule 1.6 not to use information protected by the representation of one client for the benefit of another client. Conflict of position occurs when an attorney represents two clients on unrelated matters with the outcome of one case potentially being bad for the other. An issue conflict occurs when an attorney represents two clients on opposite sides of an issue.