Recent orders

Explain the distinction between “substantive law” and “procedural law”

Explain the distinction between “substantive law” and “procedural law” and the role of both of these types of law in the competency requirements of a licensed paralegal.
Authority: Text p. 112; Paralegal Rules of Conduct Rule 3.01(4)

Jeremy is a licensed paralegal who specializes in employment law disputes

Jeremy is a licensed paralegal who specializes in employment law disputes. After several years providing legal services with a paralegal firm in his hometown, Jeremy recently accepted an offer to join a competing firm that will help him expand his client base. Which of the following statements regarding Jeremy’s professional obligations regarding the disclosure of confidential information to detect conflicts of interest at his new firm is TRUE?
(a) Jeremy is not permitted to disclose any confidential information under any circumstances to his new firm to detect conflicts of interest
(b) Jeremy is not permitted to disclose confidential information to his new firm unless he first obtains authorization from his clients to do so
(c) Jeremy may disclose confidential information to his new firm to the extent reasonably necessary to detect and resolve conflicts of interest arising from his change in employment
(d) Jeremy is permitted to disclose any and all confidential information to his new firm without any restrictions
Authority: Text p. 142; Paralegal Rules of Conduct Rule 3.03(10); Paralegal Professional Conduct Guidelines Guideline 8

Kevin is a licensed paralegal with a busy and successful paralegal practice specializing in small claims

Kevin is a licensed paralegal with a busy and successful paralegal practice specializing in small claims court litigation. One of Kevin’s commercial clients has not paid their legal fees for a three-day trial that he successfully argued for them. If Kevin would like to use a collection agency for his client’s outstanding account, which of the following statements regarding his professional obligations with regard to his client’s confidential information is FALSE?
(a) Kevin is required to disclose his entire client file to the collection agency to facilitate the debt collection
(b) Kevin should limit the confidential information provided to the collection agency to that which is necessary to collect the fees
(c) Information contained in Kevin’s client file that is not necessary to enforcement should be deleted or blocked out
(d) Kevin may disclose confidential information to the collection agency to collect his fees
Authority: Text p. 142; Paralegal Rules of Conduct Rule 3.03(7)(9); Paralegal Professional Conduct Guidelines Guideline 16