Law
Topic:
Negotiating a Property Settlement Essay
You are a paralegal in a small law office that focuses on family law. Your supervising attorney has prepaid vacation plans for a family reunion but your client needs a property settlement agreement negotiated and drafted right away. Your attorney instructs you to negotiate with the other side to strike a deal that the client would consider to be “fair.”
As a paralegal, what would you do? How would you proceed? Research and locate the National Association of Legal Assistants rules. Based on the applicable rules in this situation, what ethical issues would arise? Write a essay based on your research and findings explaining the legal basis for how you would proceed in this situation.
Negotiating a Property Settlement
A paralegal is a person who is employed by a lawyer, he is work experienced and educationally qualified to carry out legal activities. They are also known as legal assistants who aid in delivering legal services. I will read over the case in order to familiarize myself with it, if need be I will visit the property at hand in order to obtain more information about it. Check the files again to determine what problems my client may encounter, and also to obtain points that may enable him to win over the negotiation. Determine whether to use cooperative or competitive negotiation through my attorney. Cooperative negotiation involves where agents agree to meet a certain objective, while competitive is profit oriented. If cooperative my attorney will contact client-attorney, discuss their goal and determine their needs. Discussions will go on between them as he shares the information with me. Establishment of the deadline is done and terms of the contract are drafted (Harroch, 2017).
Competitive negotiation, my attorney and client’s attorney will each make their offer. Discussions will go on and the party with more strength will continue to make more demands. Deadlines are not created soon, as threats are always used, parties start compromising to reach an agreement. After agreement attorneys will continue to negotiate as to the exact things to be drafted. During this case the ethical issues that may arise are, negotiating the fees with the client. Clients may unknowingly raise the fee issue. it’s the paralegal job to deviate from this since the fee is only to be discussed between the client and the attorney. Giving legal advice, this also falls in the jurisdiction of the attorney. A paralegal should focus on giving information about this case or court proceedings. All ideas should be kept to oneself, since legal advice is judged as to whether the client perceived it as legal advice. Do not lead the clients to think you can represent them in court since it’s the attorney’s duty (Nala, 2007).
Reference
Harroch, R. (2017, March 2). 15 Tactics for Successful Business Negotiations. Retrieved from https://www.forbes.com/sites/allbusiness/2016/09/16/15-tactics-for-successful-business-negotiations/#1698aa202528
NALA. (2007). NALA Code of Ethics and Professional Responsibility. Retrieved from https://www.nala.org/certification/nala-code-ethics-and-professional-responsibility
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