A paralegal quits the firm of Johnson & Johnson. When she leaves, she takes client documents she prepared while at the firm. The documents contain confidential client information. The paralegal is showing these documents to potential employers as writing samples.
(a) What is the ethical liability of attorneys at Johnson & Johnson under Model Rule 5.3?
(b) What is the ethical liability of attorneys at law firms where she is seeking employment under Model Rule 5.3?
(c) What is the paralegals liability?
Since this is not my area of expertise, I searched Google under the key words "'model rule 5.3'" to get these possible sources:
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In the future, you can find the information you desire more quickly, if you use appropriate key words to do your own search. Also see http://hanlib.sou.edu/searchtools/.
To determine the ethical liability of the attorneys and the paralegal in this scenario, we need to refer to Model Rule 5.3 of the American Bar Association's Model Rules of Professional Conduct. This rule outlines the responsibilities of attorneys to supervise non-lawyer personnel such as paralegals.
(a) Under Model Rule 5.3, attorneys at Johnson & Johnson may have some ethical liability since they have a duty to make reasonable efforts to ensure that the paralegal's conduct is in compliance with the ethical rules of the profession. In this case, if the attorneys were aware that the paralegal took client documents containing confidential information, they should have taken appropriate steps to prevent it or mitigate the potential harm. Failure to do so may result in some ethical liability for the attorneys.
(b) Attorneys at law firms where the paralegal is seeking employment might also have ethical liability under Model Rule 5.3. If the law firms have knowledge that the paralegal is using confidential client information obtained from a previous employer without proper authorization, they have an obligation to take reasonable action to address the situation. This may include not considering the paralegal for employment or reporting the misconduct to relevant authorities if necessary.
(c) The paralegal herself has significant ethical liability in this scenario. By taking client documents containing confidential information without permission and using them as writing samples with potential employers, the paralegal is likely violating ethical obligations related to client confidentiality, integrity, and professional conduct. This conduct can harm the clients, damage the reputation of the legal profession, and potentially result in disciplinary action or legal consequences for the paralegal.
It is important to note that while the Model Rules of Professional Conduct serve as a framework for ethical conduct, each jurisdiction may have its own specific rules that lawyers and paralegals must adhere to. Consultation with a legal professional familiar with the specific jurisdiction is recommended for a thorough understanding of the ethical obligations in a particular situation.