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Paralegal Career Forum
9/27/2007 10:32:11 AM EST
Ethical dilemmas faced by Paralegals
In the legal profession,  you're bound to run into an ethical issue at some point in your career.  Has anyone been faced with a challenging ethical issue recently?  How did you handle the situation? What advice would you share with other Paralegals if they find themselves in a similar situation?

Comments
bww361
Subject: Ethical dilemmas faced by Paralegals
Date Posted: 11/15/2007 1:55:06 PM

For me it was easy, as I am a retired Military man of 21 years. I obide by the old adage of don't ask and don't tell. Even though you may know the client outside of work; moreover, that is where it should stay. Otherwise you not only compromise yourself but the clients intersets as well.

LisaMeier
Subject: Ethical dilemmas faced by Paralegals
Date Posted: 11/18/2007 1:08:19 PM

The biggest ethical challenge I've witnessed involves client billing. While involved in projects that benefit multiple clients, such as a legal research project, a senior attorney instructed paralegals to bill the full project to each of the clients involved rather than a pro-rata share. The rationale I was given was that the project would have taken the full amount of time if it had been performed without the benefit of a group. Similarly, when performing subsequent research projects, the client would mistakenly perceive that the research should take a small fraction of time (as would have been indicated by a pro-rata share) rather than the real amount of time necessary, causing client confusion and future billing problems. I think generally paralegals should voice their concerns directly to their supervising attorneys and partners. You may also want to have a quick file memo memorializing the decision and see if they will "sign off" on it. While it is unlikely they will initial the decision, it may get them to realize the potential for problems down the road. Paralegals can also check with the firm administrator and review the firm billing policies. Either way, the attorney bears the liability for the client's billing and paralegals need to comply with firm policy.

  • Collapse waterlillies 12/4/2007 10:24:12 AM subject: response to LisaMeier
    I agree with the lawyer who said to charge each client the full amount. Each client got equal benefit from the research, and they all should pay the full amount. It definitely would cause future billing problems if the clients think it takes only a fraction of the time it really takes.
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