Paralegal

Category - Ethics

A certified paralegal was employed by a small law firm and was also responsible for the bookkeeping. The paralegal prepared a check from the trust account payable to a friend. Her employer signed the check along with several other checks related to client matters. Her friend cashed the check and split the money with the paralegal. A few days later, the paralegal fully reimbursed the trust account by a cash deposit equal to the amount of the check to her friend. Which of the following are possible consequences for the paralegal?
  1. Criminal charges.
  2. Civil suit by a client.
  3. Loss of employment.
  4. Two of the above.
Explanation
Answer: D - Two of the above. A lawyer must safeguard a client’s property, which includes not using client money for personal purposes. Model Rule 1.15. “A paralegal must not . . . take any actions that attorneys may not take.” NALA Code, Canon 1. Answer C is one possible consequence because the paralegal engaged in activity that the lawyer cannot engage in and the paralegal’s employer may terminate her employment for such a serious breach. Answer A is another possible consequence because taking the money from the trust account without authorization could be theft, even though the paralegal reimbursed the money. Answer B is not a good choice because, most likely, the client would have difficulty showing damages since the trust account was reimbursed.
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