Recent orders

You are a licensed paralegal who has been retained by your client Adam in a landlord tenant dispute

You are a licensed paralegal who has been retained by your client Adam in a landlord tenant dispute. Adam is very frustrated with what he feels has been unfair treatment by his landlord who has filed an application to evict him from his apartment. During your meeting with Adam this morning, he said that if he is evicted he will “kill his landlord”. Based on the provided information, which of the following statements is TRUE with regard to your professional obligations as a paralegal?
(a) You are required to immediately disclose Adam’s threat against his landlord to prevent the death of Adam’s Landlord
(b) You are prohibited from disclosing Adam’s threat against his landlord under any circumstances
(c) You are permitted to disclose Adam’s threat against his landlord if you believe on reasonable grounds that there is an imminent risk of death or serious bodily harm to Adam’s landlord
(d) The only way that you are permitted to disclose the threat against Adam’s landlord is if you first obtain a court order for the necessary disclosure
Authority: Text pp. 139-40; Paralegal Rules of Conduct Rule 3.03(5)

You are an associate working as a paralegal at a local law firm

You are an associate working as a paralegal at a local law firm. Yesterday you met with a prospective client who wants to retain you to proceed on their behalf with an application to the Ontario Human Rights Tribunal alleging sexual harassment against their manager. They are a salesperson at a shoe store and their manager is constantly touching their hair and clothes telling the salesperson how beautiful they are. Today you input your prospective client’s information into your firm’s conflict checking system and identified that a partner at your firm previously represented the same manager of the same shoe store defending a different sexual harassment claim by a different employee. Based on the provided information, which of the following statements with regard to managing conflicts of interest is TRUE?
(a) There is no conflict of interest if you are retained on the new sexual harassment matter because the allegation is being made by a different employee who was not involved in the prior dispute
(b) There is no conflict of interest if you are retained on the new sexual harassment matter because you did not complete any legal work on the prior sexual harassment matter that was handled by your firm
(c) There are no circumstances that you would ever be permitted to be retained by the employee in the new sexual harassment claim because your firm previously defended their manager in a prior sexual harassment dispute
(d) You may be permitted to represent the employee in the new sexual harassment claim if their manager provides fully informed and voluntary consent after disclosure for you to act against him even though they are a former client in a related matte
Authority: Text pp. 156-57; Paralegal Rules of Conduct Rule 3.04(2),(4)(a)(b)

Michael is a paralegal associate at a legal firm that specializes in defending driving offenses

Michael is a paralegal associate at a legal firm that specializes in defending driving offenses. His ex-girlfriend, who he have not spoken to since he broke up with her two years ago when she crashed his car in a street race, now wants to retain Michael to represent her on a recent careless driving charge. Michael knows from the time that he was dating Tina that she is a terrible driver who frequently breaks the speed limit. Based on the provided information, which of the following statements regarding Michael’s professional obligations as a paralegal with regard to conflicts of interest is FALSE?
(a) Because his personal relationship with Tina may interfere with his fiduciary obligations to her as a client, he has a duty to consider whether he has a conflict of interest in the matter
(b) If another paralegal at Michael’s firm handles Tina’s file, there is likely no conflict of interest if Michael’s colleague does not have a personal relationship with Tina that would interfere his colleague’s fiduciary obligations to her as a client
(c) Michael is required to decline the retainer to represent Tina under all circumstances because he broke up with her to end the relationship and she did not break up with Michael
(d) Michael is required to consider whether he has a conflict of interest in the matter because his personal feelings about Tina may impair his ability to provide to provide her with objective legal advice
Authority: Text p. 154; Paralegal Rules of Conduct Rule 3.04(1); Paralegal Professional Conduct Guidelines Guideline 9