Policies that should be included in the Manual

1. (a) Identify four (4) specific policies that should be included in the Manual and outline three (3) key points or reasons for choosing EACH policy.

Each organization needs to have specific policies that aid in execution of its duties. These policies should be legally binding to both the staff and clients. There are several administrative policies involved in the law profession. The four specific policies that should be included in the manual to guide the assistant include the following:

Employment Policies

Employment Benefits Policies

Employee Conduct Policies

Workplace Guideline Policies

The choice of the most suitable policies to employ depends on the nature of the work that someone is going to do as well as the kind of organizational structure (National Association of Legal Assistants, 2010).

Employment Policies

Employment policies are universal and must feature in any office manual. They are of critical importance in this case for three main reasons. First, these policies guide hiring practices (Canon, 2008). Therefore, any person hiring or being hired must become acquainted with these policies. Employment policies also serve to orient the new employees. In this regard, the new employees get familiar with the organization in which their services are required. They also act to maintain confidentiality within the organization, thus is critical for inclusion in any office manual.

Employment benefits policies

These are critical because they familiarize employees with the benefits like insurance. In addition, they make the employee become familiar with important dates for vacations and holidays. Moreover, they help employees understand the terms of employee reimbursements.

Employment Conduct Policies

They are crucial in controlling employees and employers behaviors in the workplace (Canon, 2008). Therefore, they cannot easily exploit their employees who are also expected to observe certain codes of conduct. These policies set the codes of conduct to all the staff in the workplace. These policies also act to guide drug abuse and harassment in the workplace.

b) Outline three (3) procedures that your assistant must follow after a new client comes in. For each procedure, provide two (2) reasons as to why the procedure must be followed, with reference to applicable authority for your answer.

Whenever a new client enters, the assistant will be expected to follow certain procedures in handling the client. Three basic procedures can be followed. The assistant will first identify these new clients. The identification may involve the full names of the client, verifying the documents like birth certificates of the government issued identification card, as well as the name of the organization where the client works. Secondly, the assistant will be expected to establish the matter that the client needs to be addressed (Canon, 2008). Lastly, the assistant will be expected to determine the most appropriate person to provide instructions concerning the client’s identity and matter at hand. This may be either the paralegal himself or the assistant if he is capable of offering assistance to the client. Determination of the appropriate person to issue instructions is important for two main reasons. First, it helps in avoiding problems that may arise due to encounter with phantom clients (National Association of Legal Assistants, 2010). Some of the phantom clients are so problematic. The second reason for following the procedures is that it helps dispel the possibilities of misrepresentation.

2. (a) What steps must you take in order to ensure compliance with client identification and client verification requirements?

Several steps can guide a person to ensure compliance with the client identification as well as verification requirements. First, when someone is engaged in provision of legal services, he is bound to identify the client and any third party represented by the client (National Association of Legal Assistants, 2010). This may include individual employer or an organization. However, in this scenario, it is critical to keep certain information regarding the client. The information should detail the name of the client, business contacts including address and phone numbers as well as home address (Canon, 2008). In addition, the occupation of the client should also be captured. In case the client is an organization, there is need to record the type of business and the government body in which the business operates. The contacts as well as names of the personnel responsible for feeding the client with information in that organization should also be recorded (National Association of Legal Assistants, 2010).

2. (b) Provide examples of documentation which would meet the verification requirements in this matter.

The identification of clients, whether employed by individuals of organizations is important in several perspectives. However, verification of such identity is of critical significance. The following are the key examples of documentations, which would meet the verification of the client’s identity. Government issued identification documents like birth certificate, driver’s license and passports can help in case of clients employed by individuals in their firms (Canon, 2008). However, in case of clients within organizations, documents such as government issued copy of certificate of corporate status can be used (National Association of Legal Assistants, 2010). Other documents include reviewed trust and partnership agreements of the organization.

3. (a) Identify which Rules and Guidelines of the Paralegal Rules of Conduct and the Paralegal Professional Conduct Guidelines would apply in this situation and why.

There are several rules that may apply to the scenario of Pearl and Catnip. The rule of professionalism must greatly be applied in this case. This is going to be applied regardless of whether Pearl knows Catnip or not. It is important to apply this rule to foster integrity and duty to the clients. The paralegals are supposed to depict high degree of commitment to their work and profession (Canon, 2008). Therefore, it is on order that the interests of clients are handled in the appropriate number. Secondly, the rule on duty to clients also applies to this scenario. This is because Pearl is expected to represent the interests of the clients in the case without discrimination. Therefore, it is quite essential since it will espouse a sense of integrity and competence to both the company and the paralegal himself.

3. (b)Describe what actions (if any) should be taken by Catnip Everard AND Parryl Eagle.

Concerning this case, Parry Eagle, being the paralegal, should clearly discuss the matter with Catnip. He should agree with Catnip not to be part of the case even though she is linked with the clients. Catnip needs not represent FETA when the case is being discussed. Both Parryl and Catnip should reach such an agreement.

4. (a)Which specific Rules and Guidelines apply here?

Several rules and guidelines may apply in this scenario of Walden and Mr. Allan’s. The first is the rule of professionalism. This entails issues touching on the integrity and undertakings. This rule also touches on discrimination of clients. The second rule entails duty to the clients (Canon, 2008). The paralegals are supposed to depict high degree of competence to their clients. Advocacy is the third rule applying to this scenario. This concerns tribunals and duty to clients as is evidenced in the scenario. The last rule here is the Responsibility to the Law Society.

4. (b) What steps should Walden have taken to avoid this situation?

Walden should have communicated early enough with Mr. Allan, stating his position on the take on Landlord and Tenant law. A paralegal is not expected to fail any of his clients. Therefore, he should have agreed with Mr. Allan earlier on concerning the case. He should have discussed the matter in details so that when he is going to represent the client, he goes with facts. He should have invited Mr. Allan to his office and discussed the issues.

4. (c) What must he tell the tribunal?

In concern to the scenario, Walden should be clear on his stand on the matter before the tribunal. He should have told the tribunal that he wished to represent Mr. Allan in the case, but only if given some time to prepare. He should request the tribunal to extend the time for listening to give him ample time to prepare for the case.

5. With reference to specific sections of By-law 7.1, the Rules and the Guidelines, clearly identify five delegation errors in this scenario.

The scenario of Bella and Edward is having several delegation errors. Both Bella and Edward have committed the errors. It is prudent enough to highlight that there are several delegation errors. However, only five are highlighted. First, the error of misrepresentation is evident in the scenario (Canon, 2008). Although Bella is cognizant of the case of misrepresentation by Edward, he is just comfortable and sees no offence in it. He only acts to encourage it. The second delegation error committed by Edward agrees to represent a client who has been charged with an assault yet that is not supposed to be his duty. There is also the virtue of dishonesty in representation as an error in delegation. This follows that Edward demands for unnecessary payments from the client to justify illegal representation of that client. The fourth delegation error is failure to advice the client regarding the law and the likely outcomes, risks and repercussions of his matter. This is too bad since it lacks an act of professionalism as an acting paralegal. The fifth error in delegation is that Edward was not wary of the policies guiding his tenure. He fails to explain to the client the conditions under which his services may be limited; therefore, he ends up misrepresenting Bella, and never discloses it to Bella.

References

Cannon, T. A. (2008). Ethics and professional responsibility for paralegals. New York: Aspen Publishers.

National Association of Legal Assistants, (2010). NALA manual for paralegals and legal assistants: A general skills & litigation guide for today’s professionals. Clifton Park, NY: Delmar Cengage Learning.