A certified paralegal worked in the litigation department of the Sakarov Law Firm. During that employment, the paralegal was heavily involved in several cases defending Mountainside All-Terrain Vehicles, Inc. against product defect claims arising from a brake problem. Three months ago, the paralegal took a job at the Hikado Law Firm, which handles plaintiff personal injury suits. Today, a conflict checking form was sent to all attorneys and paralegals in the Hikado Law Firm regarding a potential client and a claim against Mountainside All-Terrain Vehicles based on a faulty brake system. The paralegal sees the conflict check form, recognizes the name of the defendant, but says nothing. Has the paralegal violated any ethical or professional conduct rule?

Question

Quizplus · Accepted Answer

Yes, because the rules governing certified paralegals require the paralegal to disclose the conflict with Mountainside All-Terrain Vehicles: "A paralegal must disclose to his or her employer [...] any pre-existing client or personal relationship that may conflict with the interests of the employer or prospective employer and/or their clients" (NALA Code of Ethics and Professional Responsibility, Canon 8, emphasis added). Answer A is the best choice because the certified paralegal is subject to the Code of Ethics, and the failure to make the disclosure violates Canon 8. Answer B is not the best choice because, even if the paralegal's prior work is imputed, that does not mean a violation has already occurred -- an attorney at the firm must still determine whether a conflict exists and whether it can be overcome. Answer C is not the best choice because the paralegal has still violated the Code of Ethics. Answer D is not the best choice because, although the imputed conflict does not apply to non-lawyers (Model Rule 1.10, Comment 1), the certified paralegal is still subject to the NALA Code of Ethics.

A Certified Paralegal Worked in the Litigation Department of the Sakarov