Demonstrate ethical responsibility when confronted with conflict of interest.

Purpose of Assignment: This assignment will engage the students in explaining an ethical wall, erecting a proper ethical wall, and issues when a conflict exists but no ethical wall has been erected.

Course Competency: Demonstrate ethical responsibility when confronted with conflict of interest.

Instructions:

Content:

You are employed at a large law firm. A new paralegal, Melissa, was hired 2 months ago, and has been working on cases during that time. No conflict check was run on Melissa’s previous cases from her old law firm when she was hired. It came to your supervising attorney’s attention that Melissa previously worked at a competing law firm representing an opposing party in a matter you are currently working on. Your supervising attorney has asked you to prepare an interoffice memorandum notifying the rest of the firm’s attorneys about the conflict. You might want to begin your research with the article from this week “The Ethical Wall,” as well as the ABA Model Rules for Professional Conduct, Rules 1.7-1.13 and their comments as resources for addressing the conflict and the following issues:

) The screening process that Melissa should now undergo to ensure there are no other conflicts.

) The steps necessary to erect an ethical wall for the known conflict.

) The ethical issues present given the fact that the conflict was not disclosed before she began work on the matter.

Format:

Your assignment should be formatted as a memorandum to the firm’s attorneys in the law firm. Your memorandum should be 2-3 pages in length, with proper formatting, spelling and grammar. You should use at least 3 primary legal sources in your memorandum.

Your memo should contain the following sections:

Heading or Caption

Facts

Issue(s) Presented

Answer to Issue

Reasoning or Discussion

Conclusion

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