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Pretexting And Ethical Violations

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1.) The ethical issue that was brought up in the video concerned the issue of pretexting. According to our book pretexting is he use of impersonating or fraud to trick another person into releasing personal information. (Goldman, pg. 7-8) The attorney was asking the paralegal to gather information that had not been given to them to include things that the person had been doing before an accident. Pretexting if a violation of the the Model Rules 1.2, 3.4, 4.1, 4.4 and 8.4. (Goldman, 2015) The rules that are broken the most when lying is involved although are Model Rule 8.4 which talks about the misconduct of a lawyer as well as Rule 4.4 that goes into depth a little about violating the rights of the third party. (Goldman, pg. 7-8) Now the attorney’s …show more content…
An attorney is not supposed to violate or even attempt to violate any of the Rules of Professional Conduct and doing so reflects negatively on the lawyer’s trustworthiness and lawyers are supposed to be able to represent some one ethically and by violating these rules they only hurt the whole profession as well as themselves. (Goldman, pg. 7-8)
2.) Another area that lawyers have to be careful about obtaining information is social media. You would think that anything that is posted on the internet is free to access for anyone. There have been many times when companies have fired people for posting things on the social media sites because they were harming the business’s reputation. (Romance, M. A.; Beaver, G. L. 2013) Most of the cases where the person tried to sue the business because they felt their privacy was violated found …show more content…
5.3 of the ABA Model Rules of Professional Conduct outlines the ethical conduct of lawyers but also says how lawyers are responsible for any of its agents and their ethical codes. (American Bar Association, 2016) Delegating and supervising is a key part of being a lawyer. It is vital to know the skill set of your paralegals, to teach them, but also to make a clear and precise guideline for the delegation and delegated work to them. (Goldman, 2015) Rule 5.5 of the ABA says that a non-lawyer can not appear in court on behalf of a client, established the attorney-client relationship, or give legal advice. This includes signing pleadings on behalf of a client because the filing constitutes an appearance breaking the first part of the rule. (Geraghty, P., & Michmerhuizen, S. J., 2014. The lawyer may not allow the agents to sign papers in his or her name. This could be considered a fraudulent behavior under Model Rule 3.4 as well as 8.4. (Goldman, pg.

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