Writing Assignment - PAR 114 PARALEGAL LITIGATION LESSON 1 LESLEY WILLIAMS Writing Assignment Using IRAC format answer the following questions(30

Writing Assignment - PAR 114 PARALEGAL LITIGATION...

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Unformatted text preview: PAR 114 PARALEGAL LITIGATION LESSON 1 LESLEY WILLIAMS Writing Assignment Using IRAC format, answer the following questions (30 points each). Use ALWD/Bluebook citation. Use the Arizona Rules of Professional Conduct and the Rules of the Supreme Court of Arizona to formulate the rule of law 1. In Arizona, Helen, a paralegal at a family law firm, answers the company phone. The opposing party, who is represented by another firm in the city, says hello and asks for assistance: "I cannot reach my attorney, and I know there is a hearing tomorrow. Can you tell me where the hearing is and what time it begins? Also, do I need to bring anything?" The opposing party has been really polite to Helen's firm's client during this difficult transition, and he is extremely cordial on the phone. Helen, feeling helpful, provides the opposing party with the time and location and says, "I do not think you have to bring anything." Is this permissible? The client is represented by another attorney. The paralegal cannot communicate any information that falls under the scope of the representation. The paralegal is not an attorney nor is she aware of what the opposing counsel may decide to advise the client to bring to the hearing. Providing the information about the hearing without consulting the attorney and the providing advice in the statement “I do not think you have to bring anything” is not permissible. Rule 4.2 Communication with Person Represented by Counsel “In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.” “[1] This Rule does not prohibit communication with a party, or an employee or agent of a party, concerning matters outside the representation.” PAR 114 PARALEGAL LITIGATION LESSON 1 LESLEY WILLIAMS 2. In Arizona, an Attorney has asked the Paralegal to meet with the clients to review the clients' responses to the discovery requests propounded by the opposing party. One of the discovery requests asks for all of the clients' medical records for the last 10 years. During that meeting, the clients ask if it would be permissible to object to the discovery request because of HIPAA. The paralegal knows that if a client's medical records are at issue in the case, HIPAA can be waived, and in this case, both clients are alleging physical ailments. The Paralegal relays this information to the clients. Is this permissible? The paralegal relaying information regarding HIPAA may cause an issue for the attorney. The medical records are essential in the case because the clients are claiming that they have injuries. The only way to prove those injuries would be to obtain the medical records. This type of sensitive information should be left up to the attorney to provide to the client. The attorney needs to explain to the client the pros and cons on waiving the HIPAA. The clients may have additional questions regarding the information that the paralegal disclosed. This may put the paralegal in a position of giving advice, which would be a violation. Rule 2.1 Offering Advice [5] “In general, a lawyer is not expected to give advice until asked by the client. However, when a lawyer knows that a client proposes a course of action that is likely to result in substantial adverse legal consequences to the client, the lawyer's duty to the client under ER 1.4 may require that the lawyer offer advice if the client's course of action is related to the representation. Similarly, when a matter is likely to involve litigation, it may be necessary under ER 1.4 to inform the client of forms of dispute resolution that might constitute reasonable alternatives to litigation. A lawyer ordinarily has no duty to initiate investigation of a client's affairs or to give advice that the client has indicated is unwanted, but a lawyer may initiate advice to a client when doing so appears to be in the client's interest.” ...
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