Jane wants to make good use of her paralegal, Bob\'s experience in drafting comp
ID: 3489024 • Letter: J
Question
Jane wants to make good use of her paralegal, Bob's experience in drafting company bylaws, articles of incorporation, board minutes and the ministerial aspects of incorporating a company. She thinks that by giving Bob substantial responsibility and treating him as a full member of the legal team, she can increase Bob's job satisfaction. Bob appreciates Jane's trust in him and always does his best for all of Jane's clients. Jack Jameson, the founder of Conrad Inc. and a potential new client, calls Jane's office to ask about forming a new corporate entity as a Conrad Inc. subsidiary. Jane is out of town but Bob invites Jack to talk things over. During the first in-person meeting between Jack and Bob, Bob is asked whether the corporation should be formed in Delaware or New York; Jack also tells Bob that speed is of the essence. Bob tells Jack that the entity could be most quickly and efficiently formed in Delaware. Jack, impressed with Bob's professionalism, says "great, let's get it done." Bob tells Jack that he has to sign the form retention agreement for all new clients and Jack does so. Once Jack leaves the office, Bob drafts standard articles of incorporation and also fills in the form-book company bylaws and sends them directly to Jack for his approval. A day later, after Jack gives the nod to these documents, Bob electronically completes the necessary filings to incorporate the new entity. Bob's provided terrific client service and Jane should be very pleased, right?
Explanation / Answer
By going through the case study, it is understood that Jane is running a consultancy firm and Bob is employed in that firm as paralegal service provider. Jack Jameson is a client who is consulting Jane's firm for advice on establishing new subsidiary of his existing organization.
Jane has good faith towards Bob's knowledge and skills and wants to make good use of Bob's knowledge. Jane wants Bob to grow with growth of Jane's firm, so Jane wants provide Bob substantial responsibility to increase Bob's job satisfaction and pride in the firm.
In the absence of Jane, Jack-the client contacted Jane's firm seeking advice and service with regard to opening new subsidiary firm. Bob in the absence of Jane meets the Jack-the client, and provides advice and legal service necessary for establishing new subsidiary. Jack is satisfied with the service Bob, but we must consider the absence of Jane who will be held responsible for any consequences arising as a result of advice given by Jane's firm. If any negative consequence arises by advice and service provided by Bob will affect both Jane's service providing firm as well as Jack's organization.
It should be imperative to bring Jane's notice about the new client and requirements before providing final advice or service to client. The advisory firm run by Jane will be held responsible for consequences and not the Bob. The negative consequences may affect other loyal clients of the advisory firm. Jane may need to face legal charges if any negative consequences arise. Also, there must be collective work rather than solo show as it providing important legal advisory services affecting people, place, communities, etc. Hence, we can conclude that Jane may not be pleased by Bob's actions taken without bringing notice to Jane.
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