Ethics and Professional Responsibility
Core concepts
A paralegal is a fiduciary and must act with competence, honesty, and candour. Know the Paralegal Rules of Conduct: confidentiality, privilege, conflicts of interest, joint retainers, undertakings, fees and trust funds, withdrawal, and the duty to encourage respect for the administration of justice. Confidentiality is broader than solicitor-client privilege: confidentiality is an ethical duty; privilege is an evidentiary rule. A conflict can be current-client, former-client, or personal. With a joint retainer, no confidentiality exists between the joint clients, and you must explain that if a conflict emerges you may have to withdraw from both.
Traps
Questions often mix up confidentiality and privilege, or ask whether you may continue after discovering a former client conflict. The test is whether you possess confidential information from the former client that is relevant to the new matter. Another trap is communicating with a represented party; you must not do so about the matter without consent. Withdrawal is not automatic: you need good cause, reasonable notice, and, in litigation, leave of the court or tribunal where required. Never hold a client's property to force payment of fees.
Worked example
You are retained by A to sue B. Your firm acted for B five years ago in an unrelated purchase. You learned B's negotiating style and financial limits. That information is relevant to the new claim. You must decline or obtain informed consent from both, and if consent is unavailable, refuse the retainer.
Rule of thumb
Ask: whose information do I hold, is it relevant, and have both clients given informed consent? If unsure, decline and document your reasoning.