Ethical Violations

In order to analyze the scenario, we must first discuss the facts and find the ethical violations. The facts are that I work in a law office as a paralegal and in January 2008, Paul Jones came in to meet with the supervising attorney. Mr. Jones tells the attorney that he is seeking a divorce from his wife Melanie. After what they discussed, Mr. Jones mentions that he will get back with him. Four months later in May 2008, Melanie Jones makes an appointment with the attorney to discuss a possible divorce with her husband Paul. There was no conflict of interest check ran at that time. The supervising attorney and I did not recall Mr. Jones visit earlier that year. Later that week I ran into Paul and I realize that the attorney also met with Melanie. I then mentioned to Paul that Melanie came in to our office to discuss a divorce. Based on the facts the ethical violations that arise are conflict of interest, competence, confidentiality and misconduct.

When we failed to run a conflict of interest check we were in violation of ABA Model Rule 1.7 section (1) the representation of one client will be directly adverse to another client. Due to the circumstances, Mrs. Jones will directly adverse to Mr. Jones. The attorney would not be able to be loyal to Mr. Jones. We also failed to be competent ABA Model Rule 1.1. We did not thoroughly prepare to prevent a conflict of interest. Furthermore, when I mentioned to Mr. Jones about Mrs. Jones divorce I was in violation of ABA Model Rule 1.6. By telling Mr. Jones about the divorce, I revealed information that was confidential. Since these rules were violated, both the attorney and I would also be in violation for misconduct ABA Model Rule 8.4.

In order to correct the errors that the supervising attorney and I made we would need to inform both parties of the conflict. We could then ask for a waiver in order to keep the clients. However, I am in violation for confidentiality, which I could possibly lose my job....