You are a paralegal who works in a law firm that specializes in criminal defense. The senior partner asks you to conduct a follow-up interview with a client who is accused of murder. The senior partner has informed you that the defense will be one of actual innocence and that your firm will present evidence of your client’s alibi to the jury when the case goes to trial. (An alibi defense means that the defendant could not have committed the crime because he was at another location when the crime occurred). During the course of your interview, the client tells you that he still has the murder weapon and plans to use it to kill the witness if the witness does not change her story. The client shows you the murder weapon and you believe he is serious.
In a 2 page Legal Memorandum to the senior partner, address the following issues with at least one paragraph each:
· When, if ever, should confidentiality be breached?
· What is the “unauthorized practice of law” (UPL) and when can a paralegal violate UPL? Please provide examples and use your own state’s law as authority.
· What rules of ethics must you consider?
· Can you report this confession to the police? Why or why not?
· Can you send a text message to the witness in order to protect him or her? Why or why not?
