Michael is a paralegal associate at a legal firm that specializes in defending driving offences. His ex-girlfriend, who he have not spoken to since he broke up with her two years ago when she crashed his car in a street race, now wants to retain Michael to represent her on a recent careless driving charge. Michael knows from the time that he was dating Tina that she is a terrible driver who frequently breaks the speed limit. Based on the provided information, which of the following statements regarding Michael’s professional obligations as a paralegal with regard to conflicts of interest is FALSE?
(a) Because his personal relationship with Tina may interfere with his fiduciary obligations to her as a client, he has a duty to consider whether he has a conflict of interest in the matter
(b) If another paralegal at Michael’s firm handles Tina’s file, there is likely no conflict of interest if Michael’s colleague does not have a personal relationship with Tina that would interfere his colleague’s fiduciary obligations to her as a client
(c) Michael is required to decline the retainer to represent Tina under all circumstances because he broke up with her to end the relationship and she did not break up with Michael
(d) Michael is required to consider whether he has a conflict of interest in the matter because his personal feelings about Tina may impair his ability to provide to provide her with objective legal advice
Authority: Text p. 154; Paralegal Rules of Conduct Rule 3.04(1); Paralegal Professional Conduct Guidelines Guideline 9
Sample Solution
