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Assignment is about Paralegal ethical issues case & suggestions of different bodies for being paralegal.

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Role of paralegal and related ethical issues

In the absence of the supervising attorney, I have to negotiate the property settlement agreement of the client in a fair way. Being a paralegal, we are prohibited from giving any kind of legal advice to the client. However, I cans share the legal advice from my attorney or act in his place (in his absence) under his permission. According to the National Association of Legal Assistants (NALA) rules (Canon 2), the paralegal may be given the power the perform a task which is properly supervised and delegated by the attorney, given that the attorney is eventually responsible towards the client and also is professionally liable towards the work product. According the Canon 5 of NALA, the paralegal should perform sensibly and cautiously in analysing the extent to which the clients can be assisted in the absence of attorney (Tayab, H., Badhrus, A., Jeneby, 2018).

Suggestions

For a fair property settlement agreement negotiation and drafting, I would suggest my client to focus upon few things. The client has to understand the financial situation, prior to the negotiation process. This would help in knowing the financial stability and the requirement of any lawyer.If the client has kids, it is important to know for negotiating a fair divorce settlement which would be in favour of the children. The client should be aware of the BATNA (Best Alternative to a negotiated agreement) and WATNA (Worst Alternative to a negotiated agreement). The BATNA and WATNA of the client should be analysed with the paralegal and try to make the best for both the parties.There is need to know the demands and requirements of the client’s spouse, which will helps to know his/her BATNA and WATNA. The more the client satisfies the spouse’s wants, there will be a more positive negative for both (Cannon, T. A., & Aytch, S. T. 2018).   According to the report of NALA, the paralegal should prepare a well prepared demand letter for settlement which outlines each and every elements required for the success of the client at the trial. The letter is basically supported by the documents along with other relevant evidences which can be used during the trail session for proving each element which can weighs much with the defence attorney. Most often, this kind of settlement proposal leads to the negotiation with the increased chance of settling the case mutually.


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