While I’ve not had time to finish the ongoing discussion with Clifford Smith regarding my post, “Can Doing Right Be Wrong,” regarding the “paralegal” who gave confidential client documents to the opposing side’s attorney, it is clear that this issue is one that is faced from time to time by paralegals – or at least paralegals allege it has happened. According to the Tri-City Herald, “A former CH2M Hill paralegal says she was fired after she accused the company of purposely withholding documents from prosecutors investigating timecard fraud at Hanford,” but there is no indication that she did anything other than make the accusation (i.e., she did not, as the tobacco whistleblower did, simply take the withheld documents and give them to the other side:
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She was assigned to search and locate documents for the Department of Justice in an earlier case, a 2010 investigation of fraud linked to CH2M Hill purchasers at the Hanford tank farms. She had concerns then that CH2M Hill was withholding information about hundreds, if not thousands, of stored boxes of Hanford records and Hanford databases and that Hanford staff were hiding or destroying potentially damaging records, according to her legal complaint.
Later that year, CH2M Hill received a subpoena for documents related to timecard fraud allegations. The company is accused of billing DOE for more overtime than was worked to induce employees to accept overtime shifts.
… CH2M Hill initially produced a limited number of documents related to timecard fraud for the Department of Justice, which then notified CH2M Hill in May 2011 that it was not satisfied.
But Randazzo was told to remain silent about documents she either knew or suspected still existed at Hanford, according to the legal complaint. If CH2M Hill Hanford Group did not search the stored boxes of Hanford records and databases, then it should at least let the Department of Justice know it existed, Randazzo argued. ..
After Randazzo raised concerns, she began to be harassed to get her to quit and then was fired in October 2011, she said in court documents. She believes she was fired in retaliation for refusing to mislead the Department of Justice.
CH2M Hill vigorously denies all of this, which is neither here nor there on the issue important here – exactly how can and should a paralegal handle situations like this.
Interestingly, Craig Simonsen posted a link on NFPA’s LinkedIn discussion board to his article
announcing that OSHA has launched on online form for submission of whistleblower retaliation complaints under OSHA investigatory jurisdiction. It is unlikely that OSHA would have jurisdiction over cases like the one under discussion here, but perhaps the courts should consider establishing a similar vehicle for complaints of this nature or for confidential disclosure of the fact that evidence is being improperly withheld (like the “hotlines” set up to report abuse and neglect of vulnerable people.
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