Ethical Considerations Violated by a Paralegal: A Case Study

This case study discusses the ethical violations made by a paralegal while working for a law firm. The violations are analyzed based on the rules provided by the American Bar Association Model Rules and the NFPA Ethical Considerations. The study covers the violations made on each day of the week and provides an in-depth analysis of the ethical considerations violated. The study also discusses the duties and responsibilities of a paralegal as per the ABA and NFPA models.

Running Head: PARALEGAL STUDIES
PARALEGAL STUDIES
Name of the Student:
Name of the University:
Author Note

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Introduction
There are various ethical considerations which have been violated by carl while working as a
paralegal for the firm during the week. These violations have been made with respect to the
rules provided by the American bar association model rules and the NFPA ethical
considerations. This ethical and professional violation would be discussed in the paper on a
day by day basis. The rules provided by the above discussed models would be applied to
determine the ethical violations.
Monday
It has been provided through the scenario that Jane and Zeke who have come to the firm
seeking professional help have been called by Carl into the professional chamber belonging
to the Attorney and Carl sat behind the desk of the attorney without disclosing to the clients
that he is actually not an attorney but paralegal where the clients were actually looking for an
attorney. In the given situation he has violated the rules as laid down by the NFPA ethical
considerations. According to ethical consideration 1.7 where it is required that the title of a
paralegal in relation to its roles and responsibilities have to be totally disclosed to the clients.
In the given situation there has been a failure on the part of Carl to disclose that he is a
paralegal to Jane and Zeke. He has just introduced himself with his name without stating that
he is a paralegal and by sitting behind the test of the Attorney he has misrepresentation is
roles and responsibilities to the clients.
It has been for the provided by the scenario that Carl is also allowed Zeke to sit beside the
table of the journey where some open files were present. This is a breach in relation to leak of
confidential information. Both the ABA model rules through rule 1.6 and the NFPA through
ethical consideration 1.5 prohibit such form of conduct.

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It has also been stated that Carl at advised and influenced Jane to get alimony from her
husband which is against the rules of professional standards integrity as per rule 1.3 as he
loudly shouted before Luther client and also leaked confidential information while doing so.
Tuesday
There are various ethical considerations which have been reached by Carl on Tuesday as well
while working with the firm as a paralegal. It has been provided that Carl has been asked by
the Attorney to respond to the interrogatory forms. While doing so it was the ethical
responsibility of Carl to ensure that he does not put wrong information into the form which is
against ethical principles. it has been provided in ethical consideration 1.3that a paralegal
should not engage in any action which opens the decorum and the dignity of proceedings
before a court and be respectful of all rules and procedures. under this section it is also
provided that a paralegal is not allowed to provide assistance to any person to commit and
action which directly violets the model rules for the rules of law. It was also the duty of Carl
under the ABA model 1.4 to ensure that he lets the client know about the fact that he cannot
pursue any action which the client expects which is prohibited by law and explain search
matter to the client. He is unnecessarily adding the question related to prostitutes which is not
relevant in the situation.
it has also been given through the scenario that Carl has recorded the time of the meeting
with Jane as 2 hours which was actually 1 hour 20 minutes. This action committed By Carl is
also a breach of ethical considerations as set out by the NFPA. It has been set out via ethical
consideration 1.2 that a paralegal has to make sure that all billing records and time keeping
are prepared in an complete honest, accurate and manner.

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Wednesday
On Wednesday also various ethical considerations have been violated by Carl in the role of in
paralegal while working for the firm.
According to the NFPA model it is the duty of a paralegal to show level of competency while
doing their work. Here Carl has been ask to file the divorce by the Attorney. However there
has been a failure on the part of Carl to file the motion in a diligent and Competent manner.
By not detecting proper competency in relation to his work Carl has violated ethical
consideration 1.1 of the NFPA model and rule 1.1 of the ABA model as well.
After coming out of the courtroom, Carl has witnessed an accident. Without showing any
compassion towards the relative of the victim, he has directly asked her whether she needs an
attorney or not. The father of the victim goes to refer the Attorney with an intention to settle
big claims. In doing so also Carl has failed to comply with the considerations and rules of the
ABA and the NFPA model. He has also indulged into the sale of law practice which is
prohibited through rule 1.17 of the ABA.
He has also not acted in an ethical manner and in accordance to the rules provided by the
ABA and the NFPA model as he was a notary and it was his duty to ensure that the document
is signed by the client in front of him. Such provision has been discussed under E.C- 1.3 of
the ABA and NFPA model. Under this provision, it has been observed that all paralegals are
required to maintain a high standard while performing their professional acts. However in this
case he believes that the receptionist was true and the document has been signed by Jane.
He has also violated the provisions of confidentiality as he has revealed confidential
information about Jane to her boyfriend Zeke thereby violating both the ABA and the NFPA
model.

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Thursday
On Thursday the first Breeze which has been committed by Carl is in relation to the notion of
confidentiality provided in the ABA and the NFPA model. This has been done because he has
informed Jane that he has been contacted by Zeke for the big screen television. In addition he
has informed Jane about the full conversation he had with Zeke which is prominently a
breach of confidentiality.
It was the ethical responsibility of Carl to ensure that he does not put wrong information into
the form which is against ethical principles. It has been provided in ethical consideration 1.3
that a paralegal should not engage in any action which opens the decorum and the dignity of
proceedings before a court and be respectful of all rules and procedures. Under this section it
is also provided that a paralegal is not allowed to provide assistance to any person to commit
and action which directly violets the model rules for the rules of law. In the given situation he
has influenced Mrs Brown towards providing a wrong testimony so that a big claim can be
made for the accident. This is a clear breach of the ethical considerations that provided under
EC-1.3 (e) of the model. According to this, it is the responsibility of the paralegal to work
with proper information and secure the dignity of the proceedings. .
Friday
One of the primary breaches which has been made by Carl in the given situation is related to
not reporting that that only has taken on the money from the trust account of a client to pay
him. It was the duty of Carl under rule 8.3 of the ABA to report any kind of professional
misconduct to the relevant authority.
He has also violated rule 1.8 of the NFPA and understand to unauthorised practice of law
which he is not allowed to do. According to this rule, a paralegal should have to maintain all

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the legal authorities and must not involve in any practices that is known as unauthorised
under the law.
Conclusion
Thus Carl has made the above discussed Ethical breaches. According to the ABA and NFPA
model, every paralegal should have to follow certain rules and guidelines so that
sustainability can be made and justice can be provided to the clients. According to the rules
mentioned in the EC- 1.5 of the model, the paralegals are required to keep all the confidential
information of the clients and prevented to disclose this to others. Even the sources of that
information are required to be concealed by them. It is illegal if the paralegals are trying to
gain illegal profit by blackmailing the clients with that information. Under rule 1.6, the
paralegals should have to act for securing the interest of the clients and in this case, they have
to avoid all the conflicts of interest among them and take certain prospective action regarding
the same. Certain exemptions have been made under rule 1.6 (e), where the paralegals are
allowed to disclose certain information of the clients if there is reasonable grounds that such
information could solve the conflict of interest to certain grounds. Further, in the above
mentioned statement, it has been observed that Carl has failed to serve the public interest and
act for the development of legal system. However, such rules have been mentioned under rule
1.4. Under this, a paralegal is required to deliver pro bono publico. It is the principle to secure
the public interest. From the aspect of ethical consideration, it is the duty of every paralegal
to act for protecting the public interest. Considering the facts of the cases, it can be said that
Carl has failed to perform all the professional conducts mentioned in EC 1.3. If I were the
appointed paralegal in this case, I shall maintain all such provisions and act for the interest of
the clients and public as well.

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References
ABA Model rules
NFPA ethical considerations