Paralegal is working on a case an she dediced to leave out current case law taht was adverse to the client case. due to the fact it will weakened the clients legal arguments.
2007-09-23 17:44:36 · 4 answers · asked by jjaynes23 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
She may be looking for another job.
2007-09-23 17:52:03 · answer #1 · answered by Ti 7 · 1⤊ 0⤋
Depends on her employer. Unless told by the attorney she supports, it's not typically the decision of the paralegal to determine which laws to include and which to exclude. Additionally, there may be ethical issues involved which could discredit the firm she represents.
On the other hand, depending on the type of case and which side she is representing there may not be a problem. Her clients are entitled to the best representation possible and it is not necessarily her or the attorney's role to present evidence that would weaken the clients argument unless doing so constitutes a falsification of the facts. The other side will likely be represented by their own attorneys whose role will be to bring up the current case law in their counterarguments.
Best choice is to talk to the attorney involved to get direction as to where to go from here. Whatever the decision, use it as a guideline for the future.
2007-09-24 02:15:53 · answer #2 · answered by yn_tennison 4 · 1⤊ 0⤋
She is not a journalist and it is not her job to present an unbiased or balanced report; however, the word brief is also a verb and is only the first step in case litigation. I would hope everyone involved realizes this is not intended to be a comprehensive review and disclosure detail. Not only can this be mentioned at any time, she may feel that the post deposition, or pre-trial, discussion would be a better time.
Because this not evidentiary in nature, I do not see any legal issues and would view this as serving the best interest of the client. Also, since you are already aware of this at such an early stage, you will probably be presented with an opportunity to contribute. If not, you can always run it by your in house "counsel". Good job. Good Luck.
2007-09-24 04:33:00 · answer #3 · answered by look at yourself 6 · 1⤊ 0⤋
As we like to say in this field "It Depends On All The Facts."
2007-09-26 19:18:39 · answer #4 · answered by Asked and Answered 7 · 0⤊ 0⤋