case study five

.docx

School

Mohawk College *

*We aren’t endorsed by this school

Course

LAWS10125

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

2

Uploaded by DeaconValorMule45 on coursehero.com

Kyereme, Felicia 000928718 2023-11-21 Case study #5 Case study five You represent a local restaurant owner, John Smith, in a lawsuit that has been brought against his business. This matter has progressed to trial and is now receiving significant media attention. John Smith has asked you to read a statement to the press that he has prepared. Given you have your client’s consent, are you permitted to comment on this matter to the media Issue In this matter, the issue is whether I can legally make public comments on the case after obtaining consent from the client. Rules/laws Rule 6.01 (4) Public appearances and statements Rule 3.03 (1) confidential information Analysis A paralegal must always maintain strict confidentiality regarding a client's information and ensure that all their documents and information are carefully watched and cared for. In this case, it is important to note that the client has given us the authority, the Paralegal, to act and provide input on the case. This consent from the client is an important factor in allowing the Paralegal to perform their duties without flouting the law. According to Rule 6.01(4), we can communicate information to the media if there is no violation of the law and no breach of the duty owed to the paralegal profession, courts, or administration of justice. We have obtained permission from the client to act, so we have not infringed any laws unless we disclosed information before the trial began. However, we clearly have not done so, which comes from Rule 6.01(4.1). Commenting on this case should be all right if we are not bashing the legal system or any of the people involved in it.
Rule 3.03 (1) also states that a paralegal must maintain confidentiality of files and information unless the client allows disclosure. As we have obtained permission from the client, we can confidently provide input on the case without violating any of the laws or rules governing our profession. Conclusion To conclude, we can legally comment on the case without infringing any laws or rules from the LOS. This is supported by Rules 6.01(4) and 3.03(1).
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help