Instructions:
Content:
You are employed at a large law firm. A new paralegal, Melissa, was hired 2 months ago, and has been working on cases during that time. No conflict check was run on Melissa’s previous cases from her old law firm when she was hired. It came to your supervising attorney’s attention that Melissa previously worked at a competing law firm representing an opposing party in a matter you are currently working on. Your supervising attorney has asked you to prepare an interoffice memorandum notifying the rest of the firm’s attorneys about the conflict.
*You might want to begin your research with the article from this week “The Ethical Wall,” as well as the ABA Model Rules for Professional Conduct, Rules 1.7-1.13 and their comments as resources for addressing the conflict and the following issues:
1) The screening process that Melissa should now undergo to ensure there are no other conflicts.
2) The steps necessary to erect an ethical wall for the known conflict.
3) The ethical issues present given the fact that the conflict was not disclosed before she began work on the matter.
Format:
Your assignment should be formatted as a memorandum to the firm’s attorneys in the law firm. Your memorandum should be 2-3 pages in length, with proper formatting, spelling and grammar. You should use at least 3 primary legal sources in your memorandum.
Your memo should contain the following sections:
Heading or Caption
Facts
Issue(s) Presented
Answer to Issue
Reasoning or Discussion
Conclusion
MEMORANDUM
TO:
FROM:
DATE:
RE:
SUBJECT: Paralegal previously worked at a competing law firm representing an opposing party.
______________________________________________________
FACTS
This memorandum’s purpose is to inform attorneys within the law firm that the newly hired paralegal, Melissa, previously worked in a competing law firm. At her previous law firm, Melissa was a representative to the opposing party in the current matter being handled within the law firm, which might create a conflict. The issue at hand might be a result of lack of conflict check being run on Melissa’s previous cases from her old law firm during her hiring process. Therefore, the memorandum addresses the necessary screening process that Melissa should now undergo to avoid the possibility of future conflict, and the ethical issues present and how to erect an ethical wall for the known conflict.
ISSUE(S) PRESENTED
The issue presented is whether lack of conducting conflict checks on Melissa when she has hired a rise to an ethical issue based on the paralegal’s prior employment. According to ABA Informal Opinion 1526 (1988), the law firm must carefully examine cases of imputed disqualification on prior employment of paralegal. Lack of screening on Melissa during her hiring at the firm also creates an issue since Melissa gained information relating to the matter while working in a competing law firm requiring her to be omitted from working on the matter now as it raises the question of conflict of interest. According to Module Rule 8.4 to the paralegal, it is considered a violation of e Code if a paralegal is allowed or Helped t engage in conducts that are considered immoral or unethical when conducted by a lawyer. Therefore, allowing Melissa to work on the matter might put the law firm at the risk of being disqualified since it did not conduct screening on her, which might be considered as an act of Helping her in engaging in the conduct (ABA Model).
BRIEF ANSWER
The steps proposed, including conducting screening on Melissa to ensure there are no other conflicts. The steps are also required to be taken to erect an ethical wall for the conflict at hand. Therefore, the firm should instruct Melissa not to get involved in the matter, restrict her access to physical and electronic files regarding the matter, and implement an effective screening technique to prevent the issues in the future.
ANALYSIS
The solutions to the issue will include the implementation of the “Ethical Wall” concept, which aims at isolating the disqualification of an attorney to the lawyer. Therefore, by using the ethical wall concept, the paralegal will be restricted from accessing files regarding the matter, the circulation of sensitive documents regarding the matter will be limited to a specific attorney and the use of segregation procedure. Segregation procedure will be implemented in a manner that the paralegal that carries confidential information concerning the matter will be prohibited from having any connection with the case and prohibiting the transfer of files or documents and discussion with regard to the matter. The firm should also implement awareness for the need for confidentiality to enhance compliance with the screening procedure that minimizes the occurrence of such issues and damages related to noncompliant with the screening procedures (THE ETHICAL WALL).
CONCLUSION
Therefore, the firm actions based on the situation should include omitting Melissa from getting involved in the matter, restricting her access to files and documents concerning the matter, implementing the segregation procedure, limiting the circulation of sensitive files regarding the matter, and conducting awareness for the need of confidentiality.
