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Legal question?

Can an attorney work on a case for a client that their paralegal represented at another firm if the attorney doesn't use the paralegal's assistance in the case? If the attorney does take the client and not use the paralegal are they breaking any of the ABA Model Rules?
Additional Details
I meant to say the client the attorney the paralegal previous worked for represented, not the paralegal represented......


    




Uknown
A paralegal does not 'represent' anyone. So, it would not matter.


ju_ju_bees
Rating
Cops always have the definitive authorative answer, except in court where they screw up continuously. Thanks for the good non-one word answers.


[BUMP] Coming July '09
Rating
This scenario would not break the model rules (ethical rules of conduct, confidentiality, or conflict of interest) as long as the paralegal with a conflict of interest is completely seperated from the case, client, and files. The client should have to sign a waiver of conflict of interest and the attorney has to be very careful and diligent to ensure that this case is kept from the paralegal.


phdpdq
Answer 1 is WRONG. However it would be in your best interest to withdraw this question and rewrite it so there will be no confusion.
Representation is a complicated issue
Under some conditions 2 attorneys in the same law firm can represent opposing clients.
Everyone in a law firm from attorney to receptionist is under nondisclosure rules.
Some client's rights can be signed off.
There is NO one word answer

I am a JD


Princess Leia
There would have to be an ethical wall placed - a "Chinese" wall (not sure why they call it that) and the paralegal could not have ANY access to the documents the attorney works on (hard copy or computer copy).

The client would have to waive any potential conflict of interest.


wareagle30
Rating
this happens often. first of all the paralegal reps no one. the paralegal works for the atty who reps the client. as long as the previous counsel is paid for their work and there is no preexisting agreement for exclusive counsel the client can give their work to who they please.


cblack6540
Rating
i can answer both questions with one word
question 1 YES
question 2 NO





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