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Conflict of curiosity is a really severe topic for attorneys; it’s a very severe topic for paralegals, as properly. Unfortunately, issues can generally happen if a paralegal will not be conscious that she is certain by the identical rules as an attorney– together with the rules surrounding this topic. It is essential for a paralegal to know the info, in order that she will probably be a lot much less prone to make these errors.
For an lawyer, battle of curiosity is the time period that’s normally 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 will not be within the position of representing a shopper in a continuing, there are just a few methods wherein battle of curiosity can happen.
One mistake a paralegal could make is battle of curiosity when working for multiple lawyer. Sometimes this happens inside one regulation agency; in different cases it could actually occur if the paralegal is working for multiple regulation agency. Although it’s not normally completed deliberately, the issue can happen if she is working for 2 or extra totally different attorneys who’re representing the opposing events. The major purpose for such strict rules in opposition to battle of curiosity is that it’s assumed unfair for the lawyer, the paralegal, or anybody else who’s engaged on a case on the behalf of 1 shopper to have entry to the confidential info of the opposite shopper.
Although this downside can happen inside a single regulation agency, it’s much more necessary paralegal make sure to keep away from it if she is working for multiple agency. The best approach to go about that is to easily inform the lawyer that she can’t help with a case as a result of it will be battle of curiosity. It is crucial that the paralegal who finds herself on this scenario not talk about one supervising lawyer’s case with one other lawyer.
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 lawyer who has information of this will additionally lose his license if he both promotes or permits it.
The specifics concerning battle of curiosity are usually not very obscure; and, with the info in hand, the rules surrounding this topic are additionally not very tough to stick to. Even although battle of curiosity is likely one of the most severe breaches of professional conduct, and can lead to extreme penalties, the issue wouldn’t happen as continuously if each paralegal is educated in regards to the info. This doesn’t merely imply the info about this explicit topic, but additionally that almost all rules which an lawyer is certain to stick to are equally relevant to paralegals.