Question
Scenario Larry works as a paralegal for a criminal defense firm. He and his boss have just met with Joe, an attorney from another well-known
Scenario Larry works as a paralegal for a criminal defense firm. He and his boss have just met with Joe, an attorney from another well-known law firm. Joe has been arrested for embezzling funds from an estate he was managing for a client, and he needs a criminal defense attorney to handle the case. Embezzlement is a felony, and, if convicted, Joe will lose his license to practice law. Larry is concerned because his good friend, Beth Anne, recently hired Joe to handle her father's estate.
Read the above scenario and reflect on the ethical obligations of a paralegal in this situation.
Should Larry tell Beth Anne that Joe has been charged with embezzlement? Why or why not?
Is the fact that the firm represents Joe confidential information? Why or why not?
Is it privileged information? What is the difference between confidential and privileged?
Is there anything that Larry can do to help Beth Anne? How do you feel about protecting the confidential information of a criminal defendant? What are the arguments for and against it? Should there be limitations to this protection? If so, what would those be?
How could the confidentiality rule in each procedure listed below be accidentally breached in this scenario? Filing procedures Telephone procedures E-mail procedures Fax and mailing procedures Copier use Trash disposal
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