Paralegal Code Of Ethics Case Study

Alice and Amber both participated in a severe case of unauthorized practice of law and a breach in the American Bar Association’s Paralegal Codes of Ethics. They did this on more than one occasion while dealing with a case involving a car crash that they witnessed.

Amber is a newly licensed practicing Paralegal with the law firm Penrod and Penrod. This means that Amber is bound by the American Bar Association’s (ABA) Paralegal Codes of Ethics as are all practicing and certified paralegals. Alice Penrod is one of the partners of the firm Penrod and Penrod. Amber states that shortly before witnessing the car crash involving John that Alice told her that she was disbarred in the State of New Columbia but that the law examiners of the Colorado

Rule: In Canon 4 it says: - A paralegal must use discretion and professional judgment commensurate with knowledge and experience

Application: Before the police had even arrived or someone had checked to see if John was okay Alice told Amber to give him their business card so that they could try to gain him as a client. Even though amber followed the rule of Canon 5 (A paralegal must disclose his or her status as a paralegal at the outset of any professional relationship with a client, attorney, a court or administrative agency or personnel thereof, or a member of the general public.) This may not have been an UPL but it was a breach in ethics.

Issue: Amber and Alice were present at the crash.

Rule: As stated in Canon 8 - A paralegal must disclose to his or her employer or prospective employer any pre-existing client or personal relationship that may conflict with the interests of the employer or prospective employer and/or their clients.

Application: Since Amber and Alice were present at the crash they should not have offered to represent John because of the relationship they had. They were witnesses and there when the situation

Rule: it says in Canon 3 - A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; and (c) engage in conduct or take any action which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety. The ABA Guideline says in Sub-Rule 2 that NALA Canon 3 states that a paralegal must not give legal opinions or advice.

Application: Amber tells the doctor to avoid any process server who may subpoena him for trial and to go on vacation so he would not be able to testify that John’s injuries were not in fact caused or aggravated by the accident. She was willingly deceiving and trying to corrupt the outcome of the trial in their favor even if it was at Alice’s directions. She also gave some legal advice about how to avoid the court summons when she was not authorized to.

Issue: When Alice failed to line up witnesses for the trial Amber says: “I have a boatload of relatives that could testify that they witnessed the accident” and goes on to say: “I can give them fake lines to