Ethical conflicts in the Phiox case paralegal dispute

Paralegal Ethics

Paralegals play a unique role in helping to prepare a legal team for the challenges they will face with any kind of litigation. This means that they must embrace a certain amount of ethics to ensure they are supporting the client and everyone they are working with. As far as Lucy and her conflicts surrounding the Phiox case are concerned. These are examples of issues which can arise. To fully understand what is taking place requires carefully examining the different ethical challenges from: contrasting points-of-view and how the judge should rule. Together, these elements will highlight the role of potential conflicts and their impact on the outcome of the case. (Kaufmann, 2013)

What are Lucy's ethical issues?

Lucy's ethical issues are that she is tied directly to both sides, from her work on it as a paralegal for ABC and XYZ. This is problematic, as she has access to critical information which can help her current employer (XYZ) to have an advantage over the opposition (ABC). The fact that she worked on this case previously for ABC, means she can provide them with information otherwise unavailable to them. This can give them an unfair advantage and it is preventing all parties from receiving a fair trial. The biggest legal issues, is that Lucy has a conflict of interest based upon her assisting both sides at some point in time. (Kaufmann, 2013)

What are ABC's ethical issues?

ABC's ethical issues are that they have to protect the best interests of their client at all times. This means that even though they supported Lucy switching firms. She must recuse herself from the case, based upon working with Phiox during her previous employment. If they do not bring up these problems, there is the possibility they are not representing them properly. It is at this point, when her involvement could help to strengthen XYZ's case. (Kaufmann, 2013)

How should the judge rule and why?

The judge should rule that Lucy must be removed as a part of XYZ's legal team. At the same time, they must require XYZ to disclose all documentation provided to them by her and outline the scope of these activities. If any of this information is found to prejudice one side or the other. It will be inadmissible in court. (Kaufmann, 2013)

This is because there is clearly a conflict of interest with Lucy's involvement. These variables can hurt the client's ability to receive a fair trial. Moreover, this could be used as grounds for an appeal by showing how the case was prejudiced from the very beginning. When this happens, the odds increase of ABC receiving on new trial with Lucy being barred from participating in future litigation. (Kaufmann, 2013)