If a paralegal is interviewing a client, and the client tells him/her not to tell the attorney....do you or not? Legally, shouldn't you??
2007-12-09 15:58:51 · 6 answers · asked by rollings83 2 in Politics & Government ➔ Law & Ethics
There is no "paralegal client privilege." The paralegal is part of the ATTORNEY client privilege, because the paralegal is an extension of the attorney. There is no legal bar to the paralegal disclosing everything to the attorney.
The attorney works for the client. The paralegal, however, works for the attorney...and should disclose everything to that attorney.
Failure to do so could place the client in legal jeopardy, because the attorney might be missing a key piece of information upon which to make a decision.
Failure to do so might also place the ATTORNEY in legal jeopardy for malpractice, since the client could say "I told the paralegal that."
2007-12-09 16:40:52 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The paralegal should explain to the client that she isn't an attorney and does not have that privilege. She is obligated to report all information to her employer and should tell the client so. She should not remain silent and have the client think they have a "secret".
2007-12-09 16:12:06 · answer #2 · answered by joker_32605 7 · 0⤊ 0⤋
Yes you tell the attorney. You are not breaking confidentiality because it is between attorney and client, and the paralegal in this instance.
2007-12-11 08:12:50 · answer #3 · answered by ♥New Mommy♥ 6 · 0⤊ 0⤋
Yes, you should tell your employer and the reason you should tell the attorney is so he can properly prepare for a defense if need be. When they don't know all the correct information you will screw up their case and waste the client's money.
2007-12-09 16:07:59 · answer #4 · answered by seven 3 · 0⤊ 0⤋
Never, ever, EVER keep anything from your lawyer. It is the WORST possible thing you can do.
In any event, the paralegal is an agent of the lawyer. Anything you tell the paralegal, you ARE telling the lawyer.
Richard
2007-12-09 16:17:53 · answer #5 · answered by rickinnocal 7 · 0⤊ 0⤋
Yeah, I'd tell the lawyer...but also tell him/her that the client asked you to keep it quiet. The knowledge is now attributed to the firm anyway...and client confidentiality applies across the firm, conflicts are imputed etc. You have to tell the supervising attorney.
2007-12-09 16:11:23 · answer #6 · answered by Josey 2 · 0⤊ 0⤋