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Paralegal getting Attorney in a bind?

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CAH107

Junior Member
What is the name of your state (only U.S. law)? Florida

I have a friend, Robert, who worked for a concrete company. Jason is the owner. Jason & his wife have known Robert and his wife for many many years. Robert was driving a work truck, pulling a work trailer with an expired tag. Jason was well aware of this, as all of his trailers had expired tags. Robert got pulled over and was given a ticket that Jason refused to pay for. Later that night, Robert received a visit from the Highway Patrolman that pulled him over. The HP told Robert has a warrant out and he wanted him to be aware, but he was not arresting him, just to go get it resolved. Robert notified Jason that he had a warrant and could not drive anything with expired tags for fear of getting arrested until this was resolved. Jason told him “Do what you gotta do”, and hung up and would not answer the phone for him.
Robert and his wife discussed it with their neighbor, Leah, who is a paralegal for a local attorney, Steve. Leah said she would get it straightened out. Robert had been arrested several years ago and was in jail for about 4 months. During this time, the attorney he had was supposed to resolve any outstanding issues – so Robert would no longer have to worry about any of it. Apparently this one slipped through the cracks because it was in another county and was about 18 years old. The paralegal had attorney Steve talk to the judge in the case. In court documents, it shows Attorney Steve as the attorney of record for Robert in this case. The case was eventually dismissed because the only office that could be called as a witness had committed suicide some time before. While this case was being resolved, Leah the paralegal, suggested that Robert file for unemployment, which he did. Jason fought it, but Robert won it.
Robert and his wife have had a falling out with Leah the paralegal and her husband, so they’re not on speaking terms. Leah hired Jason to do some concrete work at her house and has become friends with them. Robert received a notice from unemployment last week stating that Jason has requested another hearing and the notice included a COMPLETE criminal history – detailed to the point that it shows statements his mother made related to the last case – before it was dismissed (for instance, stating that Robert is now aware that he has a warrant and is working on getting it resolved). They have a phone hearing next week.
Here’s where the issue in question comes in – the document that was sent to unemployment was printed by Attorney Steve’s office and given to Jason – it states it clear as day that it was printed by Attorney Steve’s office on ____ day at ___ time.
Is that not a conflict of interest for his office to provide something detrimental about a former client to someone who I’m 99% SURE has not hired this attorney? Is the paralegal risking her Attorney’s career? Is it legal for them to even provide something like this to someone?
I noticed that just a few months ago, Attorney Steve was publicly reprimanded for something else and has been required to read the code of ethics. Should I bother notifying said attorney of his paralegal’s actions?
 


CAH107

Junior Member
Boy you sure know how to welcome people.

I am Robert's wife's best friend. They are pretty simple people - do not have internet, but are trying to figure out if there's anything they can do. Robert is a bit mad that his entire criminal history has been submitted to the unemployment office and wanted to know if it's illegal. I can't find a definitive answer for him on the Florida Bar website when it comes to conflict of interest, so I thought I'd post here since it's a complicated story. I've read the rules but still not sure.

I'm just trying to help them out since they called me to see if I knew if there was anything they could do about this. I didn't realize it was a crime for a person other than those involved to post a question....sheesh. I thought this was an open forum.
 
Last edited:

latigo

Senior Member
Leah will have to be registered as a Member of the NALA (National Association of Legal Assistants) and as such is bound by the NALA Code of Professional Ethics. One of the Canons of which is as follows:

“Canon 7. A paralegal must protect the confidences of a client and must not violate any rule or statute now in effect or hereafter enacted controlling the doctrine of privileged communications between a client and an attorney.”I

If she is found to be responsible for disseminating confidential information concerning Robert obtained while her employer was representing him and without Roberts prior written consent, she has committed a gross violation of that Canon and should be appropriately disciplined!

I suggest that Robert make a phone call to the Division of the Florida Bar those monitors the activities of registered legal assistants in your state for information as to how to proceed in lodging a formal complaint against her and her employer.

The Florida Bar
Florida Registered Paralegal
651 East Jefferson Street
Tallahassee, Florida 32399-2325
 

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