Adam Ant has just begun his first week at his job as a litigation paralegal with a large insurance defense firm. After receiving an assignment in the Widgets-R-Us case, he realizes there might be a potential problem. His previous employer represented a worker who was injured on the job at Widgets-R-Us in a workers’ compensation case. The injured worker is now the adverse party in the Widgets-R-Us products liability case, which involves the same incident that initially injured the worker. Adam was not directly involved with the products liability case at his last firm, although he did help out one of the other paralegals by researching prior claims against Widgets-R-Us. Adam has a feeling this might be considered a conflict of interest, but he is not really sure. He is still on probation
at this job and does not want to rock the boat. Should Adam tell his new employer of his past involvement with the file? Why or why not?
What will be an ideal response?
Adam should definitely inform his supervising attorney of his prior involvement with
this case. Even if Adam did not do much on the case while at his former firm, he still may know
information that is adverse to his current firm’s client. Adam’s attorney will decide if there is a
conflict and what steps need to be taken to isolate Adam from that case. The sooner this
information is made known, the sooner both firms can deal with the potential conflict of interest.
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