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i am working on my mid-term paper. and i need some direction. this is the assignment
You are a paralegal working for the law firm of Lawyers R Us. Mr. Robb, your supervising attorney, asks you to interview his client, Mrs. Smith, to get some simple background information and names of possible witnesses in her case. Mrs. Smith has been charged with shoplifting. You begin to interview her when Mrs. Smith suddenly blurts out, “I did it, I stole the Versace dress from Saks 5th Avenue.” She then says, “I saw a great pair of Manolo Blahnik shoes that would go great with the dress, I think I’ll go back tomorrow and steal them too.” Right after she makes this startling confession, she tells you not to tell Mr. Robb.

Based on this hypothetical case scenario, write a paper detailing your answers to the following questions:

What should you do?
Do you tell Mr. Robb that she has admitted committing the crime?
Is Mr. Robb, or you, then obligated to tell the authorities that she has committed the crime?
Should either of you tell the authorities that she is planning to commit a new crime?
Can Mr. Robb continue representing Mrs. Smith even though he knows she is guilty?
Could you or Mr. Robb be required to testify in court during Mrs. Smith’s shoplifting trial about the information you have learned?
What ethical rule(s) apply in this situation?

2007-03-03 11:09:27 · 3 answers · asked by christine 3 in Politics & Government Law & Ethics

In your paper, you should discuss the ethical rule of confidentiality, including what it is, it’s purpose, and how it applies to Mrs. Smith’s case and whether or not any of the exceptions to the rule are applicable given the circumstances.

2007-03-03 11:09:56 · update #1

this is what i have so far
Confidentially is a rule that attorneys, and every member of there legal team must abide by. It is designed to allow clients
to speak freely and openly with out fear of disclosure. Rule 1.6 of the ABA’s Model rules of Professional Conduct states
in part that “a lawyer shall not reveal information relating to the representation of a client “unless” the client gives
informed consent”. In the case of Mrs. Smith there are many ethical rules that apply, and the attorney- client privilege
plays a large role in this case as well. In regards to Mrs. Smiths confession to me I would first explain to her that as a
paralegal I am bound by law to disclose any confidential information I have pertaining to her (the client) to Mr. Robb
who is responsible for her legal representation.( EC-rule 1.5 (e) )

2007-03-03 11:11:21 · update #2

I would also assure Mrs. Smith that I am bound by the
same ethical rules regarding attorney- client privilege as Mr. Robb. And though I must tell him of the confession I am not
permitted to disclose the information to anyone else. (EC-rule1.5(a)(b)(d) I then would reassure her of the importance of
bringing Mr. Robb into the consultation and explain to Mr. Smith that I can give no legal advice to her.( EC-rule1.8)
In regards whether or not Mr. Robb is required to tell the authorities that Mr. Smith intends to commit another crime the
answer is no.

2007-03-03 11:12:02 · update #3

according to rule 1.05-19 of the Texas rules of professional conduct; when the threatened crime or fraud is
likely to have less serious results of substantial injury to the financial interests or property of another, the lawyer is not required to reveal preventive information. Mr. Robb is also not required to tell the authorities of the crime Ms. Smith has already commited;.according to the same rule 1.5(a), and rule 1.6(a) of the ABA model rules.Mr. Robb can continue to represent Mrs. Smith even though he knows she is guilty, but now that Mr. Robb knows Mrs. Smith is guilty he will not be able to Profess to the court other wise according to (rule8.4(a)(1)(2)(3)(12)Of the Texas rules of professional conduct.

2007-03-03 11:12:25 · update #4

what i have so far is not even one double-spaced page and i need to have two, in these first 5 weeks we were not taught how to research or cite. i am just figuring it out as i go along. i have access to westlaw and nexis-lexis. I live in texas so i am using the Texas rules of professional conduct. i need to know how i am doing so far and any advice would be helpful, thanks for taking the time to read all this and answer.

2007-03-03 11:15:44 · update #5

3 answers

So far you're correct. I'm not sure why they want it to fill two pages, however all I can suggest is that you write more about the Ethical Considerations and other rules you described in your paper. Other than that, I don't know how it is going to fill two pages. LOL

Good luck!

2007-03-04 15:59:09 · answer #1 · answered by Anonymous · 0 0

I will not give you the answers, however these questions are ALL explicitly answered by the Model Rules, which are put forth by the American Bar Association. I would imagine you have a text book of just those rules. If not, go to your law library and ask the reference librarian to help you find the Model Rules. All of your answers lie in the first section (1).

2007-03-03 12:39:21 · answer #2 · answered by cyanne2ak 7 · 1 0

You need a logical mind for any legal work and I'm worried about you if you actually think that troops are fighting for your freedom, ( I read your profile), then there are problems with your thinking. You must find someone to discuss this with because the correct thinking is that a country was invaded on a false prospectus and without UN authority and it has more to do with stealing oil than "freedom".

2007-03-03 11:22:08 · answer #3 · answered by K. Marx iii 5 · 1 2

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