What level of confidentiality should be attached to the preparation and handling of a memorandum of law? Why? Assume you have been working for a legal specialist in estate law for a number of years...

What level of confidentiality should be attached to the preparation and handling of a memorandum of law? Why?

Assume you have been working for a legal specialist in estate law for a number of years and have taken a number of advanced courses in the field. You are highly regarded in the paralegal community and are seen as the person to call for help in the field. Your supervising attorney decides to take a three-week bicycle trip through the Swiss Alps and leaves you in charge of the office.

During his absence, you give a talk to a local senior citizens group on the advantages of preparing a will. You meet with most of the people in the audience after the talk and tell them that a simple will can be prepared for $25 (your office’s standard fee) and proceed to take the information from them for a will. You prepare the individual wills and send copies marked DRAFT to each person, along with an invoice for the $25 fee and a note to return the fee if they wish to have the will completed. Everyone accepts and sends in the fee.

Upon his return, the attorney looks over the wills, tells you they are “letter perfect,” and says, “It’s just what I would have done.” See Cincinnati Bar v. Kathman, 92 Ohio St. 92 (2001) quoting People v. Cassidy, 884 P.2d 309 (Colo. 1994).

What are the legal and ethical issues?