Pat Paralegal answers the telephone during the receptionist's lunch hour. Clara Client asks how much the law firm will charge for a breach of contract case against Betty Breacher. Pat responds that a call will be returned once Larry Lawyer is consulted. Pat explains the case to the lawyer, and the lawyer responds that the fee would be $600. Pat calls Clara, relays the information, and a lawsuit

Question

is filed. While at a cocktail party the next week, Pat discusses her work with friends. She is careful not to reveal neither Clara's nor Betty's name. Next month, Pat discovers that her law firm has represented Clara's former spouse in a lawsuit, too. She tells no one about this. Discuss any ethical violations in Pat's work.

What will be an ideal response?

Answer 1

A student's answer may discuss whether or not the intake call was properly handled. There are not many facts about the call, but a clearer, more detailed intake should be noted. A better intake/screening procedure would have discovered the potential conflict of interest with the former client. A clearer ethical issue concerns Pat's discussion of her work at a cocktail party, a confidentiality issue. A great answer would identify this issue, state the confidentiality rule, apply it to these facts, and conclude that the paralegal violated that rule even though no names were given. A thorough answer will also discuss that the discovery of a potential conflict of interest should be reported.