Question
This assignment engages you in a comprehensive analysis of the ethical obligations imposed by the Paralegal Rules of Conduct . Each scenario raises ethical and
This assignment engages you in a comprehensive analysis of the ethical obligations imposed by the Paralegal Rules of Conduct. Each scenario raises ethical and professional issues and provides questions for you to consider.
STeps to consider
- Familiarize yourself with the details of the fact patterns provided. Facts will not be provided to you in perfect order and some facts may not be relevant.
- Review, analyze, and interpret the Paralegal Rules of Conduct and any other governing legislation.
- In providing your answer, ensure that you cite the correct rule and subrule, if any.
FACT PATTERN - PART A
Your client is a small private company, owned by a wife and husband, specializing in property management of multi-unit residential buildings. You handle their Landlord and Tenant Board matters. The original retainer agreement with the corporation does not designate a person from who are you are to obtain instructions. In the past, you have always taken instructions from the wife, but the husband has become more active in the business and recently has begun instructing you as well. His management style is very different from his wife's, and sometimes the instructions he gives you are different from those you have already received from his wife. Referring to the Paralegal Rules of Conduct and other applicable legislation, what should you do? Explain.
FACT PATTERN - PART B
Joseph Kutar meets with you at your office to discuss a Highway Traffic Act matter. While you are reviewing the certificate of offence, Joseph reads the labels on some of the client files stacked on your desk. "I know that landlord," he says, indicating one of the files. "I used to live in one of their buildings. A real slum." You move the files to the floor behind your desk. Then you ask Joseph some questions about the Highway Traffic Act matter, taking notes of his answers. Based on what he tells you of the matter and your review of the certificate of offence, you advise him to plead down to a lesser offence with fewer demerit points. When he hears this, Joseph's behaviour becomes belligerent and threatening. "I'm a courier," he says. "Any more demerit points and I can't drive. I'll find someone else who knows what they're doing!" He grabs the certificate of offence off your desk and leaves your office. A few days later, you have some matters in traffic court. Outside the courtroom, you get into a conversation with a couple of other paralegals who do a lot of traffic court work. One of them, Alice Fisher, says jokingly to you, "I'm doing some work for a former client of yours, one J.K. He told me he had to fire you because you kept giving him bad advice. What's the real story?" You change the subject and start talking about how difficult it is becoming to find parking near the courthouse. Several people are sitting or standing close by and can overhear your conversation. Referring to the Paralegal Rules of Conduct and other applicable legislation, discuss some professional and practice management issues that arise based on the above facts.
FACT PATTERN - PART C
You have been approached by the local media to participate in a press conference about an ongoing client matter. Your client is enthusiastic. She wants to get her message out to the press. You are flattered because you believe that the publicity will be good for you and your firm, and may bring in a lot of new business. Referring to the Paralegal Rules of Conduct and other applicable legislation, what are some issues you need to consider?
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