When should a conflicts check be performed by a paralegal?

A conflicts check should be conducted at three key points in time in the client relationship: when a potential client first contacts your office for legal services. after the first consultation and before opening a file. after your firm has been retained, when a new party enters the matter or transaction.

What is a conflict of interest check?

What is a conflict check at a law firm? Basically, conflict of interest rules state that you can’t represent a client whose interests are adverse to your own or to a former client.

How do you run a conflict search?

To run a conflict search manually

  1. On the File menu, click Client, and then click Conflict Search.
  2. Select Show Full Re Line/Memo to display, on the File Conflict List, the complete Re or Description line and Memos for all matches.
  3. Type the name of the person to be checked in the Look For area.
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How do you tell a client there is a conflict of interest?

[2] Resolution of a conflict of interest problem under this Rule requires the lawyer to: 1) clearly identify the client or clients; 2) determine whether a conflict of interest exists; 3) decide whether the representation may be undertaken despite the existence of a conflict, i.e., whether the conflict is consentable; …

Can a paralegal be a mediator in Ontario?

Acting as a Mediator

A mediator works with disputing parties to help them resolve their dispute. A paralegal acting as a mediator is not providing legal services to either party – the relationship is not a paralegal-client relationship.

When should you do a conflict check?

A conflicts check should be conducted at three key points in time in the client relationship:

  • when a potential client first contacts your office for legal services.
  • after the first consultation and before opening a file.
  • after your firm has been retained, when a new party enters the matter or transaction.

What is a law firm conflicts check?

A conflicts check typically involves examining computerized lists of clients and cases to determine whether the moving lawyer has ever represented parties with interests adverse to those of the new firm’s clients, and normally the disclosure of that information occurs before the lawyer is formally hired by the new firm …

Why is doing a conflict check important?

Understanding and appreciating the significance of conflicts is critical. The most important step of this process is to identify and resolve conflicts of interest before the attorney-client relationship commences. Undoubtedly, conflicts check protocols can prevent a mountain of legal and financial problems.

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What information is needed for a conflict check?

At a bare minimum, a conflicts database for current and former clients should include the following:

  • Client Name.
  • Matter Number.
  • Case Name.
  • Case Number.
  • Plaintiff(s)
  • Defendant(s)
  • Opposing Counsel.
  • Open/Closed.

What does running conflicts mean?

A classic example of this is when Lawyer A makes a legal argument before an appellate court on behalf of Client A that is inconsistent with how Lawyer A’s colleague at their firm, Lawyer B, is arguing for another firm client, Client B, in a separate matter at a trial court that is bound by that appellate court’s …

Who determines a conflict of interest?

A conflict of interest occurs when a party has competing interests or loyalties because of their duties to more than one person or organization. A person with a conflict of interest can’t do justice to the actual or potentially conflicting interests of both parties.

What are the requirements for client consent to a possible conflict of interest?

The key in obtaining effective consent to a conflict of interest is that the lawyer must fully inform each affected client of the possible adverse consequences of the conflict, and each client must agree to waive the conflict.

What to do if there is a conflict of interest?

How to Manage a Conflict of Interest

  1. Define who the interested persons are.
  2. Detail which types of relationships potentially represent conflicts of interest and thus need to be disclosed.
  3. Describe how your organization defines a potential financial interest.

What is the maximum amount in cash that a paralegal may receive from a client and what are the reasons for this restriction?

The No Cash Rule means lawyers must not accept:

  • more than $7,500 in cash from clients or prospective clients, in respect to any one client matter.
  • more than $7,500 in cash on a client matter even if there is more than one client. The limit applies despite the number of clients.
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Is a paralegal a legal representative?

Paralegals are entitled to act as advocate for clients at most first tier Tribunals. In practice, having “the conduct of litigation” actually means: Appearing on the court record as the legal representative of the litigant (or other involved party) in question; and.

Can paralegals practice criminal law in Ontario?

Ontario Court of Justice – Summary Conviction Offences

Paralegals may represent clients charged with certain offences under the Criminal Code, when those offences proceed in summary conviction court. Common summary conviction offences for which paralegals may represent clients include: Assault. Criminal harassment.