Reprimand For Failure To Screen Paralegal

A reprimand has been imposed by the North Dakota Supreme Court

This case involves a lawyer’s ethical obligations when the lawyer hires a paralegal who previously had worked for an opposing counsel on the other side of a matter in litigation at the firm. When a nonlawyer changes firms to work for opposing counsel, a question arises as to how to protect client confidences, avoid impropriety, and maintain public confidence in the adversarial system’s integrity…

Under the circumstances of this case, we conclude a nonlawyer employee may work for an opposing firm, subject to an appropriate screening process. Here, however, Johnston did not screen Chrzanowski from West’s case against Hanson, but instead put Chrzanowski primarily in charge of the matter.

Holding

Under the circumstances of this case, we conclude a nonlawyer employee may work for an opposing firm, subject to an appropriate screening process. Here, however, Johnston did not screen Chrzanowski from West’s case against Hanson, but instead put Chrzanowski primarily in charge of the matter.

The court rejected aiding unauthorized practice and excessive fee allegations. (Mike Frisch)