A paralegal is assisting an attorney who represents a plaintiff in a breach of contract case. The paralegal previously worked for a firm that briefly consulted with the defendant on a completely unrelated intellectual property matter five years ago. No confidential information relevant to the current case was obtained by the paralegal during the prior employment. What is the most appropriate action the paralegal should take?
- AProceed with the case, as the prior matter was unrelated and remote in time.
- BRequest a waiver from both the current client and the former client.
- CRecuse themselves from the case without informing the attorney to avoid perceived conflict.
- DImmediately inform the supervising attorney of the prior employment and the nature of the consultation.
Show answer & explanationAnswer & explanation
Correct answer: D. Immediately inform the supervising attorney of the prior employment and the nature of the consultation.
Even if a conflict seems unlikely, a paralegal has an ethical obligation to disclose any potential or perceived conflict of interest to their supervising attorney. The attorney can then assess the situation, determine if a conflict truly exists, and decide on appropriate measures, such as screening or obtaining waivers if necessary.
Why the other options are wrong
- A. Proceeding without disclosure is a breach of ethical duty regarding conflicts of interest.
- B. Requesting waivers is an attorney's decision after assessing the conflict, not the paralegal's initial action.
- C. Recusing without informing the attorney is inappropriate and prevents proper firm-wide conflict management.
Conflicts of Interest (Paralegal)
A situation where a paralegal's personal interests, or past/present duties to another client, firm, or person, could adversely affect their loyalty and judgment to a current client. All potential conflicts must be disclosed to the supervising attorney.
- Paralegals are bound by conflict of interest rules.
- Must disclose all potential conflicts to supervising attorney.
- Screening mechanisms can be used to mitigate conflicts.
Memory trick: When a past connection feels 'CONFLICTED,' DISCLOSE it immediately to your attorney.