Conflict of interest is a really severe topic for attorneys; it’s a very severe topic for paralegals, as properly. Unfortunately, issues can typically happen if a paralegal isn’t conscious that she is sure by the identical laws as an attorney– together with the laws surrounding this topic. It is essential for a paralegal to know the information, in order that she can be a lot much less more likely to make these errors.
For an legal professional, battle of curiosity is the time period that’s often utilized in reference to representing two or extra opposing events in any authorized continuing. An instance could be representing each the husband and the spouse in a divorce case, or each the client and the vendor in a property transaction. While a paralegal isn’t within the position of representing a consumer in a continuing, there are a couple of methods wherein battle of curiosity can happen.
One mistake a paralegal could make is battle of curiosity when working for a couple of legal professional. Sometimes this happens inside one regulation agency; in different cases it might probably occur if the paralegal is working for a couple of regulation agency. Although it isn’t often achieved deliberately, the issue can happen if she is working for 2 or extra totally different attorneys who’re representing the opposing events. The main purpose for such strict laws towards battle of curiosity is that it’s assumed unfair for the legal professional, the paralegal, or anybody else who’s engaged on a case on the behalf of 1 consumer to have entry to the confidential info of the opposite consumer.
Although this downside can happen inside a single regulation agency, it’s much more essential that a paralegal make sure to keep away from it if she is working for a couple of agency. The best method to go about that is to easily inform the legal professional that she can not help with a case as a result of it might be battle of curiosity. It is crucial that the paralegal who finds herself on this state of affairs not talk about one supervising legal professional’s case with one other legal professional.
For a paralegal who elects to work by freelancing, it’s of the utmost significance to maintain this in thoughts always. Not solely can a paralegal who both willingly or unintentionally makes this error face dropping her authorized capability to observe, the legal professional who has data of this could additionally lose his license if he both promotes or permits it.
The specifics relating to battle of curiosity should not very obscure; and, with the information in hand, the laws surrounding this topic are additionally not very troublesome to stick to. Even although battle of curiosity is without doubt one of the most severe breaches conduct, and can lead to extreme penalties, the issue wouldn’t happen as often if each paralegal is educated concerning the information. This doesn’t merely imply the information about this explicit topic, but in addition that the majority laws which an legal professional is sure to stick to are equally relevant to paralegals.