Practice Quiz

Paralegal

Category - Ethics

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Under some circumstances, screening may be an appropriate management technique for non-lawyer staff if the non-lawyer learned client confidences at one law firm, and the non-lawyer later moved to another law firm and a conflict of interest arose based on the client confidences. Courts have outlined certain guidelines to be considered in determining if a screen is effective. Which of the following is NOT one of those considerations?
  1. Time elapsed between the matters.
  2. Relationship between the former and current matters.
  3. Non-lawyers years of experience.
  4. Nature of involvement in the former matter.
Explanation
Answer: C - Non-lawyers years of experience. Factors to consider in determining the effectiveness of a screen include: Relationship between the former and current matters; time elapsed between the matters; size of the law firm; number of individuals presumed to have confidential information; nature of non-lawyers involvement in former matter; timing and features of any measures taken to reduce danger of disclosure; whether the old and new law firms represent adverse parties in the same proceeding. NALA Model Standards and Guidelines for Utilization of Paralegals, Guideline 1, comment. Answer C is the correct choice because it is not listed in the factors.
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