Unit 8

Barbara Burch

Kaplan University

November 15, 2010

Myra Perez

PA 203-01
 Final Project

Describe the differences between a client and a witness.

A person who employs or retains an attorney to represent him or her in any legal

business; to assist, to counsel, and to defend the individual in legal proceedings; and to

appear on his or her behalf in court. This term includes a person who divulges

confidential matters to an attorney while pursuing professional assistance, regardless of

sub-sequent employment of the attorney. A witness is a person who testifies under

oath in a trial or a deposition in the lawsuit. The plaintiff or defendant may be a witness.

Witnesses have first-hand knowledge about matters relevant to the case and their

testimony is subject to the applicable rules of evidence. A lay witness is an ordinary

person who testifies based upon their personal knowledge and life experiences. An

expert testimony testifies based upon their qualifications of expertise in their field.

Witness may also be used to refer to the act of observing the signing of a document like

a will or a contract and signing as a witness on the document attesting that the

document was signed in the presence of the witness. Should the document later be

called into question, the witness may be called to testify to its making.

Then describe differences between interviewing a client-witness and interviewing a nonclient-

witness.

Since I cannot find anything on this subject I will take a shot in the dark and say.

That interviewing a client witness is where you would do your interview process, and try
to get some important information on the case you are working on. A non-client is

someone who is not your client, and would not be a good idea to speak with.

Describe the duties of a paralegal in the following situation

I guess if this was me, I would sit down with the attorney and explain to him/her

that I could not ethically do what they were asking. I would explain why, and if the

attorney was still adamant that I go ahead and gather this information, I guess I would

have to follow the chain of command and go above his head and report him to his

supervisor. This is why there are such things as conflict cheeks, and if the attorney did

get the information the wrong way they would not be able to use it.

NFPA believes that paralegals should possess integrity, professional skill and

dedication to the improvement of the legal system and should strive to expand the

paralegal role in the delivery of legal services.

What are your ethical responsibilities?

1.1 A PARALEGAL SHALL ACHIEVE AND MAINTAIN A HIGH LEVEL OF

COMPETENCE

1.2 A PARALEGAL SHALL MAINTAIN A HIGH LEVEL OF PERSONAL AND

PROFESSIONAL INTEGRITY

1.3 A PARALEGAL SHALL MAINTAIN A HIGH STANDARD OF PROFESSIONAL

CONDUCT.
1.4 A PARALEGAL SHALL SERVE THE PUBLIC INTEREST BY CONTRIBUTING TO

THE IMPROVEMENT OF THE LEGAL SYSTEM AND DELIVERY OF QUALITY LEGAL

SERVICES, INCLUDING PRO BONO PUBLICO SERVICES.

1.5 A PARALEGAL SHALL PRESERVE ALL CONFIDENTIAL INFORMATION

PROVIDED BY THE CLIENT OR ACQUIRED FROM OTHER SOURCES BEFORE,

DURING, AND AFTER THE COURSE OF THE PROFESSIONAL RELATIONSHIP.

1.6 A PARALEGAL SHALL AVOID CONFLICTS OF INTEREST AND SHALL

DISCLOSE ANY POSSIBLE CONFLICT TO THE EMPLOYER OR CLIENT, AS WELL

AS TO THE PROSPECTIVE EMPLOYERS OR CLIENTS.

1.7 A PARALEGAL'S TITLE SHALL BE FULLY DISCLOSED. TO THE PROSPECTIVE

EMPLOYERS OR CLIENTS.

1.8 A PARALEGAL SHALL NOT ENGAGE IN THE UNAUTHORIZED PRACTICE OF

LAW.

EC 1-2 (The public should be protected from those who are not qualified to be

lawyers by reason of a deficiency in education1 or moral standards)

EC 1-5 (A lawyer should maintain high standards of professional conduct and

should encourage fellow lawyers to do likewise)

DR 1-102 Misconduct (3) Engage in illegal conduct involving moral turpitude, (4)

Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation

I would canvas the neighborhood looking for anyone who may have seen the

attack. I would go door to do in the area around the child’s home, asking neighbors if
they saw anything. If they saw a big brown dog with tags hanging around. If there was

a school nearby I would ask other children, as a mailman. Generally anyone that is in

the neighborhood, as the parents what they saw. I would like to think that I would tell

the people I talk to about the dog, the dog could be a problem to other people and not

just small children I would need to do what I could to protect the neighborhood from the

menacing dog. I would want to find out why the dog attacked the child, was the child at

fault and the dog defending itself, or has the dog done this before?
 References

Uslegal, 2001-2010

Cornel law school, American legal ethics, aba model of professional responsibility

(1983)

National federation of Paralegal associations Inc. (NFPA)