All About Paralegal Services

1
Paralegal Services

• With George Brown
• http//georgebrown.biz/

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Conflicts of Interest

• In this chapter, you will learn about
• Rules governing conflicts involving clients,
  including simultaneous and successive
  representation
• Rules governing personal and business conflicts
• Disqualifications caused by individual conflicts
  of interest that are imputed to an individuals
  firm

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Conflicts of Interest (continued)

• Client consent to conflicts
• Screens to protect against disqualification
• The use of conflicts checks and paralegals
  responsibility to maintain records

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What Ethics Rules Governing Conflicts of Interest
Cover

• Simultaneous representation of adverse interests
• Representation that is adverse to a former client
• Representation of clients whose interests are
  aligned
• Lawyers financial, personal, or business
  interests that are or may be adverse to a client

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Concurrent Representation

• Concurrent (or Simultaneous) representation
  occurs when an attorney represents two clients
  whose interests are adverse to one another.

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Consents (or Waivers)

• Whether a court honors a clients consent depends
  on a number of circumstances, including
• The extent of the disclosure and discussions with
  the client about the implications of dual
  representation
• Whether the consent was truly voluntary and not
  given under pressure from the attorney or others
• When the attorney raised the issue with his or
  her client
• Whether or not the client consulted with and
  relied upon independent counsel
• Whether the consent is written and signed

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Successive Representation

• Successive representation is a conflict of
  interest situation involving a current matter and
  a former client whose interests conflict.

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Other Conflicts Rules Cover

• Business transactions with clients
• Publication, literary, and media rights
• Financial assistance to clients
• A lawyers interest in litigation
• Gifts from clients
• Agreements with clients limiting the attorneys
  malpractice liability
• Payment of attorneys fees by a third party
• Relatives of lawyers
• Sexual relations with clients

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Imputed Conflicts

• Imputed (or vicarious) conflicts the imputation
  of a conflict to others in a firm so that the
  entire firm is disqualified from undertaking the
  representation

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Screens

• A screen isolates a disqualified person by
  setting up law office procedures to prevent the
  affected person from any involvement with or
  communication about the matter.

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Procedures for Using Screens

• A memorandum to all individuals in the firm
  informing them of a conflict and screen, and
  admonishing them not to discuss the matter with
  the disqualified person
• Markings on files and documents to indicate the
  limitations on access
• Programmed computer warnings or blocks to prevent
  screened employees access to documents on the
  firms computer network

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For More Information

• If you want to learn more about
  Paralegal
• Services then visit
• http//georgebrown.biz or
• Contact at 416-519-2200