PAR 102 Lesson 5 - Rocio Valenzuela Professor Brownlee PAR 105 Lesson 5 Critical Thinking Writing Questions 2 What is a screening interview What

PAR 102 Lesson 5 - Rocio Valenzuela Professor Brownlee PAR...

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Rocio Valenzuela Professor Brownlee PAR 105 Lesson 5 Critical Thinking & Writing Questions 2. What is a screening interview? What potential ethical and malpractices issues are involved? A screening interview is a limited first-time contact with a potential new client. The screening interview is usually conducted by either the paralegal or the supervising attorney. This screening can take place over the phone, or in person. This critical because the information that is gathered during the initial interview determines the direction of the case if there is a case. If too little information is asked or given could lead to the law firm to declining representation. The interviewer would have to ask if taking the case will be beneficial for both the client and law firm based on the screening interview. Some conflict may arise from the screening interview. For example during the interview if it is discovered that law firm is representing the opposite party, or that a legal personnel was employed by the opposite party at a point, and the lawyer takes the case without properly setting up an ethical wall to prevent such conflict. This malpractice will dismiss the lawyer or the law firm of legal representation. All this considered when deciding to represent a client. Some of the ethical and malpractices could occur if the interviewing paralegal obtains too much or too little information this creates a poor client relationship. This critical information that determines if taking the case will be beneficial for the client and law firm. If the information gathered is out of the law firm expertise, a lawyer can possibly violate their duty of care by taking the case if found incompetent. Conflict of interests can limit an attorney or the law firm’s potential to take on a prospect client or to continue with existing clients. Confidentiality must be honored even if the attorney decides not to take the case. The client is entitled to the same respect of attorney-client privilege as addressed in AZ-ER 1.18. Duties to Prospective Client. Van Laningham, Allison,O. "Legal Malpractice and the Civil Defense Lawyer: Past Trends, Present Conditions and Future Avoidancedagger]." FDCC Quarterly 59.4 (2009): 325-37. ProQuest. Web. 20 May 2016. - origsite=summon
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