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ETHICAL CONSIDERATIONS OF A PARALEGAL

As paralegals we come across ethical issues frequently. These issues may include the actions of attorneys as well as yourself and other staff members. Ethical issues that are frequently encountered by paralegals involve the unauthorized practice of law, conflict of interest predicaments, and confidentiality problems. However, if you take some time to review the ABA Model Role of Professional Conduct, you can envision ethical situations where you could easily be involved. An example: Your supervising attorney is on the golf course when he remembers he is supposed to be in court in an hour. He calls and directs you to call the court for an adjournment and say that he is ill. What do you do? Lie to the Judge? Lose your job? Another example: You are at a restaurant after work with co-workers and one of them is talking loudly about a specific case your firm is handling, and names are being mentioned. On your way out you see that the adversary attorney is sitting within earshot of your table. Do you tell your supervising attorney? Do you lose a friend?

Paralegals need to be vigilant about maintaining their own and their firm’s ethical integrity. When our ethical responsibilities are forgotten we risk the client’s case, we denigrate ourselves, and we of course put our firm at risk of a malpractice suit.

It is imperative that throughout our practice as paralegals we act ethically and professionally. We need to review our ethics education once in awhile, and refresh that education by attending seminars and reading articles and case law related to ethics. Ethical integrity leads to personal growth as professionals. This in turn results in more respect from our employers and co-workers. If you want to succeed in your profession, you must continually develop your own ethical standards and those that are required of you as a paralegal.

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