* Carl goes against ethics and does not disclose to Attorney Howe that Jane has a business on the side and receives cash without paying taxes on it so that she may keep receiving her disability check. * Carl failed to disclose he is a paralegal and not an attorney and therefore should not be giving legal advice and should not have disclosed with Jane that she may be entitled to alimony.
* Carl should have not let Zeke sit behind the desk of Attorney Howe. There were open files that could have contained clients’ personal and confidential information for him to view and that would go against attorney- client confidentiality * The law firm has fixed rates for their services and Carl should have not agreed to pay a different amount without consulting with one of the attorneys first based on Jane telling him that another firm would charge her a less amount
* Again Carl goes against attorney client confidentiality by yelling across the room as they are exiting the office by shouting to Jane about the alimony while there were possibly other clients in the waiting room
As a paralegal I would make sure to disclose to any clients or potential clients that I am not an attorney and that my role in the firm is solely a paralegal. Paralegals many times are known to be assistants to the attorneys whom many times clients mistaken to be the attorney. On this day I as an attorney would have greeted Jane & Zeke by speaking my name and job title so they do not get the 1st impression that I am the attorney. I would make sure as to when I am stating opinions that they know I cannot advise on them on what to do or who to act on with their case unless advice is given to me from the attorney to communicate with the clients. As well as taken down proper notes and not agreeing to any terms without the consent of the firm/attorney.
* While sitting down with Jane doing the interrogatories Jane discloses again to Carl that she makes money on the side
* Carl tells Jane he will not worry about the little business income and tells her that she will be entitled to more maintenance.
* Carl should not have taken a phone call from a potential client while in front of Jane. Especially because he disclosed information of the potential client including his name, address, phone number, and the case detail.
* Jane is not an attorney therefore Carl should have not agreed to Jane asking for double of her monthly expenses.
* Jane and Carl agree to ask her husband about a prostitute who has nothing to do with the divorce and/or expenses.
* Carl should have not extended the actual length of time that he spent with Jane.
As a paralegal and not an attorney there will be many things that we are not familiar with therefore advice should not be given top clients without the consent of the attorney or proper knowledge of it. Wednesday: * Carl files a motion without the certification of service even knowing that it is required * Carl tells Zeke that he will help him with getting the TV back (conflict of interest between clients) * While walking back from the courthouse Carl solicits the services of Attorney Howe on the street
* Upon his arrival to the office Carl notarizes Jane’s signature on the answers interrogatories without seeing/being in front of her to have seen her sign them
There are proper procedures that must followed, regardless of the time…