Question
I have included the classmate's post below. Please comment on the classmate's post. Do you agree with your classmate's assessment of the issues in the
I have included the classmate's post below. Please comment on the classmate's post. Do you agree with your classmate's assessment of the issues in the post? Why or why not? Also, please share how you plan to avoid unsolicited legal questions and potential ethical issues when using social media, when practicing as a paralegal.
CLASSMATE POST:
Multiple issues can arise when a lawyer or paralegal speaks to a judge outside of court. A lawyer may say something derogatory about a judge outside of court and could be punished with suspension. Lawyers also can face serious consequences for influencing judges. Paralegals also must be mindful of these situations as well. Paralegals must be aware of rules that relate to ex parte communications with judges, which lawyers also have to be mindful of.
There are many issues that can arise when a lawyer or paralegal speaks to jurors, witnesses, and other non-represented parties. The main issue usually involves having ex parte communications with these individuals. Lawyers and paralegals can face serious consequences if they communicate with a juror, witness, or other non-represented party because these individuals do not have representation. Jurors are supposed to be unbiased so they shouldn't be talking to paralegals and lawyers. In particular, if lawyers or paralegals communicate with jurors, a mistrial can occur. If lawyers or paralegals communicate with witnesses and advise the witnesses to avoid testifying, testify falsely, harass witnesses, etc., they could face major consequences. In the case of non-represented parties, paralegals or lawyers can face consequences for talking to them. Paralegals and lawyers are advised to only tell non-represented parties that they should seek counsel.
In my opinion, I think avoiding these ethical pitfalls is pretty simple. Overall, paralegals and lawyers should disclose what their position is. Paralegals should avoid legal talk and legal advice completely and tell the person they're talking to that they can not answer their questions because it is considered legal advice, which they can get in trouble for.
Please comment on the classmate's post. Do you agree with your classmate's assessment of the issues in the post? Why or why not? Also, please share how you plan to avoid unsolicited legal questions and potential ethical issues when using social media, when practicing as a paralegal.
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