Importance of Paralegal Studies - Essay Example

A paralegal is an individual qualified by either education or experience who is employed by a lawyer, a legal firm or an organization and is tasked with performing specifically delegated work for which a lawyer is responsible. From a legal perspective Fran cannot answer Larry since the question asked by Larry is not one of the legal responsibilities that the law firm she works for is entitled to handle neither is the question an update on legal matters the firm is dealing with about Larry Smith.

Fran should however opt to answer Larry at a personal level between the two of them and explain to him that her response is not on behalf of the firm and in the event of any arising matter then both the firm and she would not be responsible nor liable. If however, the policies set by the firm to guide paralegals are against that then she should completely restrain from responding to Larry though explaining to her in a professional and friendly way that would not make the firm lose her as a client.

If Fran chooses to respond to Larry’s question then Larry can later on hold the firm responsible for any eventualities that may arise since its Larry that was introduced to her as the firm’s paralegal unless, during the time of introduction, the firm outlined specific functions and contacts that Larry is allowed to make with Fran.

On the other hand, if Fran opts not to respond to Larry’s question then they are at risk of possibly losing him as a client since under normal circumstances he expects the firm to look out for her in legal matters and by extension other issues around her; a function that can easily be accomplished by the firm’s paralegal who is Fran.

Ethics regulating attorneys about their paralegals and the clients they represent require that attorneys introduce their paralegals to their clients and outline the extent of assistance the paralegals would offer and the level of contact. In the case of Lucy and Will, both the attorneys did not introduce their paralegals to their clients.

As the case proceeds, Roger who is Lucy’s paralegal realizes that Green was a client of his previous employer an information that he does not share with his attorney - Lucy. Ethics required that Roger disclose that information to Lucy, an action that he opted to ignore. Green being a client of his former employer a long time ago was not an excuse for him not to abide by the ethics governing their conduct. He ought to have shared the information with Lucy and let Lucy be the one to determine its usefulness or not.

Paralegals are not required to perform tasks that should be performed by attorneys or lawyers unless those tasks are specifically delegated to them and are not prescribed by law that they should only be performed by lawyers. This part of conduct and ethics were not adhered to when Fred called Roger and gave him an offer of settling the case by paying a given sum of amount without the authority of Will since that represented the unauthorized practice of law.

Another violation of ethics is seen as the case proceeds when Lucy and Will decide to date. This is an ethical violation since by the two attorneys dating there arises a conflict of interest, especially being that both Bill and Green who are the attorneys’ clients are not informed of the new happening. As dating parties, one of the attorneys can give the opposing attorney an incentive to lose the case. The shape of the case involving dating attorneys can also take a different favourable turn when the fee or compensation involved is huge such that one of the dating attorneys can opt to either lose the case or let a case be won depending on which outcome has a better financial compensation; a move which is against the ethical practice.