Disclosure

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Questions and Answers

What is the duty of paralegals according to the text?

To act with rudeness and disrespect towards others

To provide illegal services

To act with integrity and professionalism (correct)

To discriminate against certain communities

What is the first step a paralegal should take when faced with a demand or request to divulge confidential client information?

Immediately comply with the demand or request

Determine if there is a legal obligation to disclose the information (correct)

Seek the client's permission before disclosing any information

Consult with a colleague before making any decisions

What must a paralegal do when faced with a demand to disclose confidential client information?

Disclose all information requested

Determine whether there is a legal obligation to disclose the information (correct)

Disclose only what the client authorizes

Refuse to disclose any information

In what situations are paralegals permitted to disclose confidential client information without the client's authority?

In five specific situations: to defend against certain allegations, to establish or collect fees, to secure legal advice about the paralegal’s proposed conduct, and to detect and resolve conflicts of interest. In all cases, the paralegal must not disclose more information than is necessary. Signup and view all the answers

In what situations are paralegals permitted, but not required, to disclose confidential client information without the client's authority?

All of the above Signup and view all the answers

What is the importance of cultural competence for paralegals?

It helps paralegals to incorporate the principles of equality, diversity, and inclusion Signup and view all the answers

What does it mean for paralegals to act with integrity?

To avoid the appearance of impropriety Signup and view all the answers

What must a paralegal do if asked to disclose information that is privileged?

Assert privilege on the client's behalf Signup and view all the answers

What must a paralegal do if asked to disclose privileged information?

Assert privilege on the client's behalf Signup and view all the answers

What is the maximum amount of confidential client information a paralegal is allowed to disclose when legally obligated to do so?

Only what is legally mandated by the statute, court order, or demand or request Signup and view all the answers

What must a paralegal do if there is a legal obligation to disclose confidential information?

Comply with the statute, court order, or other demand or request that compels the disclosure of confidential information Signup and view all the answers

What constitutes professional misconduct for paralegals?

A consistent pattern of rude or disruptive conduct Signup and view all the answers

What should a paralegal do if they are unsure about whether they are legally obligated to disclose confidential client information?

Consult with another lawyer or paralegal Signup and view all the answers

What must a paralegal reveal when complying with a legal obligation to disclose confidential information?

Only what is legally mandated by the statute, court order, or demand or request Signup and view all the answers

What should paralegals be mindful of when participating in community activities?

The possible perception that they are providing legal services Signup and view all the answers

What must a paralegal do if they disclose confidential information?

Advise the client of the legal obligation to disclose the information, what information must be revealed, and the justifying statute, court order, or demand or request Signup and view all the answers

What should paralegals recognize with regards to the community?

They should respect human rights laws Signup and view all the answers

What should a paralegal consider doing if they decide to disclose confidential client information?

Prepare a written record or memo to file Signup and view all the answers

What can paralegals do to uphold and enhance the standards and reputation of the legal professions?

Share knowledge and experience, provide legal aid or pro bono services, and hold elected or volunteer positions Signup and view all the answers

What must a paralegal advise the client of if they are legally obligated to disclose confidential information?

The legal obligation to disclose the information, what information must be revealed, and the justifying statute, court order, or demand or request Signup and view all the answers

What should a paralegal do if they disclose confidential information and want to document the disclosure?

Prepare a written record or memo to file detailing the date, time, content of the disclosure, the grounds to support the paralegal’s decision to disclose the confidential information, any copies of relevant documents, and the identity of the person, body, or organization to whom disclosure was made Signup and view all the answers

Study Notes

Paralegals must disclose confidential information if required by law, order of a tribunal of competent jurisdiction, or the Law Society.
Paralegals must give no more information than the paralegal was ordered to reveal and, if appropriate, should consider and be prepared to raise the issue of privilege.
When faced with a subpoena or court order, a paralegal should first determine whether there is a legal obligation to disclose such information.
If a legal obligation exists, the paralegal must comply with the statute, court order, or other demand or request that compels the disclosure of confidential information.
If asked to disclose information that is privileged, the paralegal must assert privilege on the client’s behalf.
Paralegals should consider seeking the advice of another lawyer or paralegal to advise on or make submissions to the court on the issue of privilege, if applicable.
Paralegals should advise the client of the legal obligation to disclose the information, what information must be revealed, and the justifying statute, court order, or demand or request.
If there is no legal obligation to disclose confidential information, the paralegal must not comply with the demand or request without client authority.
Paralegals are permitted, but not required, to disclose confidential client information without the client’s authority in five situations.
In all cases, the paralegal must not disclose more information than is necessary.

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