In order for attorneys to effectively represent their clients rules govern how and what information is gathered, used, and stored or destroyed. The unit three seminar discusses the rules that regulate these things during and after the representation of a client. There are several systems in place that protect clients and their confidential information from being misused by those who are involved in their cases and legal matters. The duty of confidentiality, attorney/client privilege, and the work product privilege are the topics discussed during this seminar for the purpose of teaching the differences between them all as well as how each works and for what purpose. The duty of confidentiality refers to attorneys and their duty to keep their clients confidential information confidential. Clients must have some guarantee that lawyers will not divulge any of their confidential information so that they are able to seek early legal assistance and the duty of confidentiality allows them to do so. This duty also allows the client to feel secure when consulting with an attorney so that the attorney is able to gather all the necessary information needed to provide effective representation. Confidential information is all information that relates to the representation of a client no matter where the information comes from (Orlik, D. Ethics for the Legal Professional. Pp. 80). Even if the information is known publicly it is considered confidential to the attorney and their agents if it is information that relates to the representation of their client. Attorneys and their agents are bound by the duty of confidentiality to their clients forever. This means after the case is closed and even after client has passed away. The exce... ... middle of paper ... ...le of evidence and protects the client from having his lawyer divulging their secrets under oath. This means that a lawyer is prohibited from being called to testify against his client in court with secrets the client shared with the attorney. Finally, the work product doctrine protects all of the information, evidence, and work gathered and prepared by attorneys and their agents while preparing for trial. This means that the opposing side is not allowed to obtain discovery of any work that was done, documents, notes, interviews or interrogatories, and information that was discovered and organized for litigation. These systems are very important because they protect clients by ensuring that they are able to be given reasonable representation in legal matters as well as an opportunity to present their case in court which ensures that our rights as citizens are upheld.
Miller, Roger LeRoy., Meinzinger, Mary. Paralegal Today: The Legal Team At Work. Clifton Park, NY : Delmar Cengage Learning, 2010. Print
A Paralegal is defined by the American Bar Association as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals work under direct supervision of an attorney and follow the same ethical rules of the ABA as a lawyer does. ABA Rule 5.3, states that a lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. Per the State B...
Paralegals have become an essential part of today's legal system, and as the profession becomes one of the leading and fastest growing occupations in the U.S. economy; these individuals perform delegated tasks under the supervision of attorneys. Education has played an important part on this matter; it has facilitated this development by allowing lawyers to use these skills professionals as agents to delegate specific tasks such as legal research, gathering of information and the drafting of specific legal documents under the supervision and final approval of their principals. This has been very significant because now; we can enjoy a speedy process in a cumbersome legal system. From en economic standpoint, it has also been beneficial by decreasing the substantial amount of the legal cost a firm could incur if only lawyers were allowed to perform this kind work.
George Orwell creates a dark, depressing and pessimistic world where the government has full control over the masses in the novel 1984. The protagonist, Winston, is low-level Party member who has grown to resent the society that he lives in. Orwell portrays him as a individual that begins to lose his sanity due to the constrictions of society. There are only two possible outcomes, either he becomes more effectively assimilated or he brings about the change he desires. Winston starts a journey towards his own self-destruction. His first defiant act is the diary where he writes “DOWN WITH BIG BROTHER.” But he goes further by having an affair with Julia, another party member, renting a room over Mr. Carrington’s antique shop where Winston conducts this affair with Julia, and by following O’Brien who claims to have connections with the Brotherhood, the anti-Party movement led my Emmanuel Goldstein. Winston and Julia are both eventually arrested by the Thought Police when Mr. Carrington turns out to be a undercover officer. They both eventually betray each other when O’Brien conducts torture upon them at the Ministry of Love. Orwell conveys the limitations of the individual when it comes to doing something monumental like overthrowing the established hierarchy which is seen through the futility of Winston Smith’s actions that end with his failure instead of the end of Big Brother. Winston’s goal of liberating himself turns out to be hopeless when the people he trusted end up betraying him and how he was arbitrarily manipulated. It can be perceived that Winston was in fact concerned more about his own sanity and physical well-being because he gives into Big Brother after he is tortured and becomes content to live in the society he hated so much. Winston witnesses the weakness within the prole community because of their inability to understand the Party’s workings but he himself embodies weakness by sabotaging himself by associating with all the wrong people and by simply falling into the arms of Big Brother. Orwell created a world where there is no use but to assimilate from Winston’s perspective making his struggle utterly hopeless.
Corey, G., Corey, M.S. & Callahan, P. (2007). Confidentiality: Ethical and legal issues. In Brooks/Cole (8th Ed.), Issues and Ethics in the Helping Professions pp. 208-264.
Attorney, it’s important to ensure the protection of the victims and to punish the delinquents for
Communication between an attorney and its client is crucial during a trial. The attorney - client privilege is a legal privilege between the client the and the attorney assuring the privacy of the client. There have been many cases where the attorney and client privilege has become an issue and most people believe that an attorney should break his/her privilege when the client confesses of harming more than one victim. When it comes to an attorney and a client it is important for both parties to understand each other, and assure that each conversation such be between client and attorney only.
Paralegals are continuing to assume new responsibilities in legal offices and perform many of the same duties as attorneys. Through formal education, training and experience, paralegals have knowledge and expertise regarding the legal system and law procedures, which qualify them to work under the supervision of an attorney. Along with preparing legal documents, contracts and other legal materials, a paralegal can also interview witnesses, and conducting legal research. The most important task a paralegal may have is helping an attorney prepare for hearings, trials, and meetings. Although a paralegal is trained to perform the same tasks as attorneys, they are explicitly prohibited from carrying out duties considered to be within the scope of the practice of law, such as setting legal fees, giving legal advice, submitting signed documents to court, and presenting cases in court. Paralegals are an essential part of today’s legal practice; furthermore, a competent paralegal can improve a law office’s profitability and the delivery of legal services. With these new responsibilities comes a higher level of demand and respect. In turn...
Arthur, G. L., & Swanson, C. D. (1993). Confidentiality and privileged communication. The ACA legal
Paralegals are professionals who assist or support lawyers with their work (Westwood College). Supporting qualified lawyers includes a variety of tasks. When an attorney’s case goes to court, paralegals prepare motions and pleadings, in addition to organizing and cataloguing relevant trial documents (Westwood College). Paralegals also locate and interview witnesses; conduct investigations; conduct legal research; and summarize depositions, interrogatories and testimony (The National Association of Legal Assistants). In addition, the Business and Professions Code Section 6450(a) states that “Tasks performed by a paralegal include, but are not limited to, case planning, development, and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation” (Business and Professions Code Section 6450(a)).
The paralegal profession developed as legal secretaries assumed additional duties to help attorneys with their workload. The paralegal performs legal tasks under the supervision of an attorney that maximizes attorneys' productivity and cost efficiency in the delivery of legal services. Paralegals work in many different types of law firms, corporations or government agencies in many areas of law (Hollingshead). All duties performed by a paralegal are under the supervision of an attorney who is responsible for the paralegal’s conduct. In fact, the American Bar Association Standing Committee on Paralegals define paralegals or legal assistants [used synonymously] as a person qualified by education, training or work experiences, who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specific delegated legal substantive work for which a lawyer is responsible (ABA). In class, we learne...
To accomplish this, Orwell utilizes the theme of individuality versus tyranny, foreshadowing, and irony, in order to fully extract all possible motives behind Winston’s actions.Many countries, such as the United States, are founded on principles of individuality reigning over tyranny, more specifically, the freedom of choice. However, in the futuristic Oceania, run by “Big Brother”, such freedom and individuality is, for the most part, completely suspended. To act impulsively, or choose to oppose Big Brother, is a “thoughtcrime” of dire consequence. This is the basis behind the Inner Party’s control of Oceania. Winston however, from the commencement of the novel, showed that he was not willing to conform to such a tyrannical society. From his writing “DOWN WITH BIG BROTHER” in his diary as the novel opened, to his relationship with Julia, which was considered sexcrime in Oceania, Winston proved his thoughts were antiparallel to those of the Inner Party.
This essay is about a story named “1984”, written by George Orwell. Winston Smith Is living in a dystopia society were everyone is being monitored and controlled by their superior big bother. Winston Smith is rebelling against Big brother. The society Winston is living in is, is somewhat similar to the word we live in today. The government spy on their people and invade their privacy in ways that big brother does.
In this case, the government has to use severe actions to ensure they will never act in this way again. Winston Smith, is a minor member of the ruling Party and is aware of some of these extreme tactics. Since Winston is not completely brainwashed by the propaganda like all the other citizens, he hates Big Brother passionately. Winston is one of the only who realize that Big Brother is wiping individual identity and is forcing collective identity. He is “conscious of [his] own identity”(40-41) . Winston continues to hold onto the concept of an independent external reality by constantly referring to his own existence. Aware of being watched, Winston still writes “DOWN WITH BIG BROTHER, DOWN WITH BIG BROTHER”(21) in his diary. Winston believes whether he writes in his diary or not, it is all the same because the Thought Police will get him either way. Orwell uses this as a foreshadow for Winston's capture later on in the novel. Fed up with the Party, Winston seeks out a man named O’Brien, who he believes is a member of the ‘Brotherhood’, a group of anti-Party rebels. When Winston is arrested for thought crime by his landlord, Mr.Charrington, who is a member of the Thought Police. Big Brother takes Winston to a dark holding cell, to use their extreme torture strategy to erase any signs of personal identity. Winston's torturer is O’Brien, the man he thought to be apart of the brotherhood. Winston asks
There happens to be many legal duties of a criminal justice lawyer. For starters, criminal defense lawyers have a duty to keep all of the discussion between them and their client completely confidential. This is often referred to as