The paralegals and attorneys should acquire training to understand the consequences and preventive measures in establishing a safe environment of confidentiality. Under the KPA, (Kentucky Paralegal Association) Standard 5, a paralegal should not use information relating to a client learned in the course of employment to the disadvantage of a client unless they are granted permission from their supervising attorney and the attorney obtained client consent after consultation. Since Robin Pierce previously worked for Connelly & Associates, and was on the opposing side of the case; she would be a conflict of interest and should not have any involvement within the new firm. By implementing these protocol’s it creates a balance and structure that paralegals must understand in order to avoid conflicts of confidentiality. 

The common areas would also need to be separated so that there is no room for accidental discussion between attorneys working on the case being overheard by Robin or anyone who is not working on the matter. Another suggestion for this would be to have staggered break times at the office and designated meeting areas for various matters. Overall, awareness and strict protocol is the key in ensuring that the physical separation is executed properly. If the separation is breached, it can put the firm in a dangerous spot where they possibly violated various confidentiality ethics. By doing this, the integrity of the ethical wall is maintained and no unethical activity will occur that could harm the Bennett/Matthew’s case. 

Before contacting the ethics hotline, either Robin and/or a representative of Johnston, Fisher & Sims should gather the necessary facts and documentation regarding the issue. This information often includes client names and relationships, case details, and a summation of the potential conflicts. In Kentucky, the ethics hotline is offered as a service through the Kentucky Bar Association (KBA). The ethics hotline is typically able to be contacted via telephone, email, or through an online submission form which shall be kept confidential and closely monitored. After receiving guidance from the hotline, it is then that Robin and/or Johnston, Fisher & Sims will need to determine how to proceed. Additionally, this process may be disclosed to the client through a Conflict-of-Interest Waiver Form.

The firm should also ensure that detailed documentation and access logs for case materials are kept so that if an error does occur, this can be clearly shown and communicated to the client. This option can also incorporate technological advances such as Case Status, an app that provides regular messaging to clients about deadlines and notifications about the status of their case. Overall, the firm needs to ensure that the client is always up to date with any problems that can arise given the situation. They also need to ensure that the client always feels that they can ask questions, voice their concerns, and not stress about their case being handled by the firm.