Paralegal ethics and professional responsibilities

Paralegal Ethics

Paralegals play a unique role in helping to prepare a legal team for the challenges they will face with any kind of litigation. This means that they must embrace a certain amount of ethics to ensure they are supporting the client and everyone they are working with. As far as Lucy and her conflicts surrounding the Phiox case are concerned. These are examples of issues which can arise. To fully understand what is taking place requires carefully examining the different ethical challenges from: contrasting points-of-view and how the judge should rule. Together, these elements will highlight the role of potential conflicts and their impact on the outcome of the case. (Kaufmann, 2013)

What are Lucy's ethical issues?

Lucy's ethical issues are that she is tied directly to both sides, from her work on it as a paralegal for ABC and XYZ. This is problematic, as she has access to critical information which can help her current employer (XYZ) to have an advantage over the opposition (ABC). The fact that she worked on this case previously for ABC, means she can provide them with information otherwise unavailable to them. This can give them an unfair advantage and it is preventing all parties from receiving a fair trial. The biggest legal issues, is that Lucy has a conflict of interest based upon her assisting both sides at some point in time. (Kaufmann, 2013)

What are XYZ's ethical issues?

The biggest ethical issues for XYZ are that the firm believes there is no conflict of interest. This is despite the fact that Lucy informed them about her previous experience with the client and the opposition's firm. At the same time, she is providing them with documentation which otherwise is unavailable. (Kaufmann, 2013)

This is problematic, as it means that they are knowingly ignoring the fact she has access to restricted information. The biggest ethical issues the firm is facing, is from their refusal to understand and acknowledge her involvement with the opposition. This has the potential to create charges of impropriety based upon their inability to address these difficulties. (Kaufmann, 2013)

What are ABC's ethical issues?

ABC's ethical issues are that they have to protect the best interests of their client at all times. This means that even though they supported Lucy switching firms. She must recuse herself from the case, based upon working with Phiox during her previous employment. If they do not bring up these problems, there is the possibility they are not representing them properly. It is at this point, when her involvement could help to strengthen XYZ's case. (Kaufmann, 2013)

How should the judge rule and why?