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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