PL108 - Ethics
Attorney Howard has just gotten a "letter of reproval" from his state's lawyer disciplinary authority. He's cleaning out his desk, assuming he is no longer authorized to practice law. You, his trusty paralegal, have one thing to say to him. What is it?
A letter of reproval doesn't mean you are disbarred!
Abigail Attorney is a sole practitioner. When she hires her first paralegal, she wants her law firm to reflect that 100% growth. She changes the name of the firm to Abigail Attorney & Associates and gets her paralegal business cards that designate the paralegal
Abigail really needs help from her paralegal! She cannot call her paralegal an associate because that will mislead the public into thinking that the paralegal is a lawyer and, since she cannot call the paralegal an associate, she cannot change the name of the law firm because that would be misleading, too.
Maggie Rudin was accused of murdering her millionaire 4th husband. Because she was denied access to her husband's money, Rudin needed a pro bono lawyer. Attorney Amador agreed to take the case pro bono in exchange for the right to turn her story into a movie script. Rudin agreed. Each time Rudin met with Amador, Amador made sure the t.v. news media was there so that the public would get a picture of her as the wrongly accused grieving widow. Amador did not interview witnesses, but had all of the documents copied and placed into trial notebooks. Before trial, Amador took a month-long vacation and left Rudin's case with the public defender assisting on the case. Which of the following can be said of Amador?
Amador was negligent in the preparation of Rudin's defense if his action/inaction fell below the standard of care of the reasonable lawyer under the circumstances.
Bronson Paralegal is writing a motion that will be filed with the state court. He has located a case that holds exactly the opposite of the point he is trying to make. In order to rectify what Bronson sees as a losing motion, Bronson simply quotes from the case's ruling and inserts the word "not" at the appropriate place. Now the quote stands for the proposition that Bronson needs. "Unless the judge reads very carefully, he will never notice this small insertion," thinks Bronson. Just to be sure his supervising attorney doesn't get into trouble, though, Bronson tells the attorney what the case really says. Which of the following is likely to happen next?
Bronson will be told to fix the sentence back to an accurate quote, he may be demoted or he may be fired for attempting to mislead the court.
Paralegal Cheri worked on the defense of Client Joe Thames. As part of that matter, Cheri worked on restructuring Joe's finances, creating trust funds for his children, and moving some of his money to off-shore accounts. When Cheri moved to the Gnew Law Firm, she participated in Gnew's standard conflict check and discovered no potential conflicts. Some months later, Gnew took on a new collection matter from Bank of West Virginia: Bank v. Joe Thames. Cheri has not been assigned to the case and, in fact, doesn't even work on the same floor as the collection team at Gnew. What is Cheri's obligation?
Cheri must bring this information to her supervising lawyer even though she is not working on the case because the law assumes that she will divulge confidential information that is adverse to her former client.
Betty Plaintiff's law firm has hired an associate from an out-of-town office of Defendant #1's law firm. When Defendant #2's law firm discovers this conflict of interest, they (Defendant #2's law firm) brings a Motion to disqualify Plaintiff's law firm. The ruling of the court will probably be:
Defendant #1 is the harmed party. Unless that party brings the motion,the court will not rule against Plaintiff because only Defendant #1 is potentially harmed by the conflict.
Paralegal Kameryn works for a law firm that does family law. He is unhappy about a new client that the firm has just accepted because the person is a convicted felon. As his friend, you might tell Kameryn:
Each and every client is entitled to the very best work product and consideration regardless of our personal feelings about him.
Paralegal Hiram has referred several clients to his law firm that have brought a great deal of legal fees to the firm. Hiram thinks it is only fair that he receive a portion of what he "brings into the firm." What can Hiram su
He can suggest that the firm take his referrals into consideration when determining his year-end bonus.
Paralegal Hiram has referred several clients to his law firm that have brought a great deal of legal fees to the firm. Hiram thinks it is only fair that he receive a portion of what he "brings into the firm." What can Hiram suggest to his employing law firm?
He can suggest that the firm take his referrals into consideration when determining his year-end bonus.
Paralegal Daniel works for a firm that wants to hire an accountant. He has been asked to find out if the accountant's name can be placed on the office door and the directory in the lobby of their building. He cannot locate any state statute on point. To make matters worse, he has found conflicting information from other states. What is his best course of action now?
He should advise the firm to ask their state's appropriate authority (such as the state bar ethics committee) for an advisory opinion on listing a non-lawyer on various firm things such as the door, letterhead stationery, advertisements, and the lobby directory.
When Paralegal Jenny goes to the local courthouse, she can retrieve a list of upcoming home foreclosures. What can Jenny do with this information?
Her employing law firm can send a direct mail advertising to the people on the list, providing information about the law firm and its services.
When Paralegal Jenny goes to the local courthouse, she can retrieve a list of upcoming home foreclosures. What can Jenny do with this information? Correct!
Her employing law firm can send a direct mail advertising to the people on the list, providing information about the law firm and its services.
Sarah has just been made a member of the bar and is going to open her own law office. You will be her first employee! What advice can you give her about professional liability insurance?
It would be a good idea to research state law to find out if professional liability insurance is mandatory in your state. She will need a different policy to insure the firm for bodily injury and property damage because professional liability insurance covers direct financial loss and expense to the legal professional that arise from claims of neglect, omissions or errors, but not intentional torts.
Paralegal Johnston is flying out of town to attend a deposition on the Big Container case. He's taking his laptop with him along with several CDs that contain the firm's files on the case. Which of the following is true?
Johnston should not review the files on his laptop while on the plane if passengers near him can see the files.
Alia has just completed her paralegal education! She wants to move to a state where paralegals are licensed. She is ready to take an exam to get licensed as a paralegal. You can suggest that she move to:
Mars. Perhaps there is paralegal licensing there. There are no states that license paralegals.
Attorney Howard has just gotten a "letter of suspension" from his state's lawyer disciplinary authority. He's sitting his desk working on one of the cases assigned to him. You, his trusty paralegal, have one thing to say to him. What is it?
Maybe we should research the law to see if you are allowed to do paralegal work during your suspension
Attorney Resp is a criminal defense attorney who drinks heavily most nights. He represents a man who has been accused of burglarizing federal offices. Resp did some preliminary investigation on the case but has misplaced his notes. Additionally, in his regular morning stupor, he ordinarily forgets to perform simple tasks such as interviewing or subpoening witnesses.On the morning of trial, Resp approached the Assistant State's Attorney (ASA) handling the case about postponing the trial. The ASA told Resp he would oppose any request for a postponement. Resp informed the ASA that he needed the postponement because he was in a continuing trial before Judge Provost in the Circuit Court for Baltimore City and that he needed to be in that court at 10:45 that morning. Resp and the ASA then went before the judge for a hearing on Resp's request for a postponement. During that hearing, Resp stated two reasons for his request. The first was the absence of a defense witness who had not been subpoenaed by Resp. The other reason stated by Resp was that he had been instructed to report to a courtroom in Baltimore City at 10:45 to start a trial that had been carried over from the previous week. Based on Resp's representation, the judge agreed to postpone the trial.When the judge called Judge Provost at the Circuit Court in Baltimore City, he discovered that Resp had lied about starting a trial there. Resp is referred to the state bar for disciplinary proceedings. A likely outcome will be:
Resp will be referred to an alcohol treatment program as part of any discipline.
Sandy Glastor (Paralegal) has joined his family for Thanksgiving. Sandy's grandfather asks a general question (to everyone sitting at the table) about writing a holographic will on letterhead stationery. (Does the printed part of the stationery invalidate the will because the will is not written entirely in the testator's handwriting.) Sandy takes Grandfather's question as a hypothetical and responds to it along with everyone else at the table throwing in their opinions. Later that night, Grandfather rewrites his holographic will on a blank piece of paper based on Sandy's reply to the question. Which of the following is true?
Sandy is guilty of UPL because he applied his knowledge of the law to a legal question and gave an answer.
Paralegal Beverly is researching a point of law dealing with whether or not a law firm's website can use a pseudonym for the URL. In other words, can her law firm use the web address "www.terrificlawyers.com"? She cannot locate any state statute on point but has conflicting information from other states. What is her best course of action now?
She should advise the firm to ask their state's appropriate authority (such as the state bar's ethics committee) for an advisory opinion on using the trade URL name.
Rosa is considering becoming a lawyer, but doesn't want to spend too much time in school. From the time she graduates from high school, how many years of school should Rosa anticipate for becoming a lawyer?
She should expect to spend a total of 7 years in school: four in college and another 3 in law school.
Rita Paralegal is interviewing for a job with Big Law Firm. She is informed that beginning paralegals are expected to bill 2000 hours per year. Rita's next question should be:
When my time is written down before the bill goes to a client, does the written-down time still count toward the 2000 billables?
Becky is a paralegal in the state of Georgia who works for a law firm, therefore she is regulated directly by the Georgia Supreme Court."Based on what you have learned about paralegal regulation across the United States, this statement is most likely:
a statement that is most likely not accurate
Emily is a paralegal from Florida who is considering a move to Hawaii. She read the following statement on the internet: "Paralegals in Hawaii are regulated directly by the Hawaii Supreme Court." Based on what you have learned about paralegal regulation across the United States, this statement is most likely:
a statement that is most likely not accurate
Emily is a paralegal from Florida who is considering a move to Hawaii. She read the following statement on the internet: "Paralegals in Hawaii are regulated directly by the Hawaii Supreme Court." Based on what you have learned about paralegal regulation across the United States, this statement is most likely: Correct!
a statement that is most likely not accurate.
Paralegal Bryce prefers freelance work. In order to get clients, Bryce may:
advertise his services in publications that target lawyers and law firms.
Rhonda Lawyer has agreed to take on the criminal defense case of the famous rap star: Bent Nikel. Bent has been arrested for the murder of his 3rd wife. As part of the fee agreement, Rhonda, a budding writer, wants to secure the literary rights to the entire story. Bent has no objections to this agreement. As Rhonda's trusty paralegal, you should:
advise Rhonda privately that this agreement is probably a violation
While at the district attorney's office, Paralegal Fritz worked on the prosecution of thousands of cases. Fritz feels trapped in that job. Even though he would like to move into the defense side for a law firm where he could get a higher salary, he's staying put because he knows that he would raise conflict issues at all of the local firms. As Fritz's friend, you:
advise him to talk to some larger firms and discuss building ethical walls for cases that potentially create conflicts.
Clara Paralegal is taking some routine information from a new client (Mr. Deal) when Deal suddenly opens his briefcase and shows her a handgun. He says: "This is the gun I used to kill my wife. I'm on my way to my bank to hide it in a safe deposit box." Clara says: "That's not a very smart place to hide it. It's the first place the police usually look! Give it to me and I'll hide it some place where they will never look and, as I won't tell you where it is, you have plausible deniability." Clara has:
aided in the secreting or hiding of evidence and committed a crime
Isabella is a paralegal sharing an office with a law clerk. The clerk (Jacob) was asked to research a legal ethical issue. Jacob found a case that referred to EC 1-1 and doesn't know what it means. Isabella should tell Jacob that "EC" refers to:
an ABA Model Code (or state code) Ethical Consideration.
Patty Paralegal's job requires her to call all 250 of the firm's corporate clients twice each year and give them some information. Most of these telephone calls take less than 2 minutes, especially if she can just leave a voicemail. The smallest billable amount at Patty's law firm is .1 or 6 minutes. If Patty makes 30 phone calls per hour, but bills them at 6 minutes, Patty's one hour becomes 3 hours. Therefore, at the end of an 8 hour day, Patty can bill 24 hours! Patty should:
ask her supervising lawyer for permission to not bill clients for this service but ensure that the time she spends at this task is added to her annual cumulative billable hours.
Christopher is the owner of Christopher's Typing and Legal Services. His company is a corporation. The company was served with a notice that it is not in compliance with city ordinances regarding signage on the building. Unfortunately, Christopher forgot about the notice and now it has become a misdemeanor citation. Christopher:
can make a court appearance if the citation is for under $500 because no one needs a lawyer for such a small amount.
Client Morrie confessed to Paralegal Beverly that he lied on an answer to interrogatories. Beverly reported the lie to her supervising attorney and wrote a memorandum to the file about it, as well. When Morrie later sues Beverly's law firm for malpractice, the firm:
can use the information only if it is relevant to the defense of the malpractice claim.
Paralegal John is writing a brief in defense of a lawyer facing disciplinary charges. John has a choice between citing his state's professional conduct rule 3.6 (on trial publicity) or ABA Model Rule 3.6. Both rules say exactly the same thing. His best choice is to: Correct!
cite his state's rule. This is true because lawyers in John's state are bound by the laws of that state, not the models written by the ABA.
Christopher is the owner of Christopher's Typing and Legal Services. Sophia goes to Christopher and says "I have to file bankruptcy because my house went into foreclosure. Where should I start?" Christopher takes Sophia to a wall filled with clear boxes of forms and says "Pick the form that you want to use." When Sophia starts to pull the Chapter 11 form out of the box, Christopher shakes his head very slightly. Sophia puts the form back. Then she reaches for the Chapter 7 form and glances sideways at Christopher. He smiles. Christopher:
committed UPL when he indicated to Sophia that she should not use the Chapter 11 form.
Ethan Lawyer is in a hurry today (just like every day.) As he is running out the door to a hearing, he says to Isabella Paralegal "Call Ms. Client and tell her that she should not pay the tax penalty because IRS Code 502 says she doesn't have to." Later that day, Isabella calls Ms. Client and says "Ms. Client? This is Isabella at Ethan Lawyer's office. I'm calling to say that you should not pay the tax penalty. IRS Code 502 says that you don't have to." Isabella:
committed an act of misrepresentation when she did not identify herself
Although all states now allow attorney advertising, many of them prohibit giving more information than just the basic name, address, and phone number of the law firm.
communications that create unjustified expectations about results
Although all states now allow attorney advertising, many of them prohibit
communications that create unjustified expectations about results.
Carrie is a freelance paralegal who is doing some legal research for a client law firm. She works in a firm that is in State G, a state that uses the ABA Model Rules as the template for its state law on professional responsibility.As is often the case, there is no law in her state on the issue she is researching. There is, however, case law (a case directly on point) from State Y that also uses the ABA Model Rules as the basis for its state law.The next step Carrie should take in her research is:
compare the relevant State G professional conduct rule with the corresponding rule in State Y. If they are the same, then she may be able to use case she found.
. Denny Driver has an insurance policy for his car that is like everyone else's insurance policy. It provides that if he is sued as a result of a car accident, the insurance company will provide a lawyer for his defense. Although common, this policy:
does not create a conflict because the lawyer's loyalty is to Denny (the client) regardless of the fact that the insurance company is paying for the representation.
Lauren Lawyer's best friend has become Lauren's client. While discussing the terms of the engagement, Best Friend says: "Oh, Lauren! You and I are such good friends, we don't need a contract. You'll do the work and I'll pay whatever bills you send me." Lauren should:
explain that a written contract is not only standard in relationships between lawyer and client, but are mandatory in most instances.
Polly Paralegal is retiring from her prestigious position with the Cochran Law Firm. During her time as a paralegal, Polly worked on some extraordinary cases including the defense of O.J. Simpson. Polly's thinking about writing a novel about her experience on that case. Before writing such a book, Polly should:
get permission from the client because it is probable that Polly will divulge confidential information in her book.
Lead File Clerk Fidora spends many hours in a large room filed with closed case files. She's very good at her job so she has hours of extra time on her hands when she must be in the file room, but has nothing to do. One day, while reading one of the criminal defense case files, Fidora got the idea that she could write one of those popular mystery-law novels. She begins her research in the case file and begins a preliminary draft of the novel. Fidora should:
get permission from the clients involved in that case because it is probable that Fidora will divulge confidential information in her book.
Defendant Jonas was on trial for 1st degree manslaughter. The trial was 8 days long. The jury was then given instructions and went into the jury room to deliberate. Approximately two hours later, the jury sent a note out to the judge saying that they could not reach a verdict. After receiving the note, the judge met with the jury in a group and told them that they had not deliberated long enough, that they may be missing the importance of some evidence, or maybe were not looking at all of the evidence. After this meeting with the judge, the jury went back to deliberations and, five hours later returned a guilty verdict. The defendant:
has an argument that the verdict should be overturned due to the ex parte communication between the judge and the jury.
Percy Paralegal is, among other things, in charge of the thousands of documents for a multi-million dollar contract litigation case. Document #78690757 is missing, but Percy remembers exactly what it looked like. Rather than get in trouble for losing a document, Percy re-creates the document using his computer and the law firm printer/photocopier. Percy:
has fabricated evidence even though he had no intent to perpetrate a fraud upon the court.
In bad economic times, law firms that handle bankruptcies are typically very busy. Paralegal Andrew, who is unemployed, offers the following during his interview: "I know alot of people who need financial help right now. I could probably bring in 100 clients just by networking my friends." Andrew:
has just offered to solicit clients for this law firm. He probably needs a refresher course in ethics
Connie Paralegal is divorcing her husband. She hired a lawyer but has decided that she does not want to pay for a lawyer. She fires the lawyer and makes a court appearance by herself against her husband's lawyer. Connie:
has not committed UPL because she has the right to represent herself
While representing himself against his landlord, Paralegal Torar filed a declaration in which he stated that he mailed his rent check on time, with a stamp on it, correctly addressed. The burden of proof to show that it did not arrive then shifted to the landlord. In fact, Torar had no present recollection of addressing an envelope or putting postage on it. Torar:
has not only violated the umbrella duty of integrity, but has commited a more specific crime (perjury) by lying about remembering his actions.
While researching background information on a client, Paralegal Hudson discovers that the client was once investigated by the state Fair Political Practices Commission for improperly large contributions to Congressman X's political campaign committee. As Hudson's roommate is a big fan of Congressman X, Hudson texts his roommate: "U'l neva ges wht i fnd out bout Congr. X! "
has not yet violated his duty of confidentiality to his client but will if he tells his roommate about what he found out during the background check.
Clara Client has just been presented with a standard representation agreement by the law firm of Yatz & Berger. Clara's first language is German. Although she speaks and reads everyday English quite well, the legal terms in the contract confuse her. Yatz & Berger should:
have someone in the firm, if possible, or a translator from outside of the firm, explain the terms of the contract thoroughly until Clara has a full and complete understanding of its terms.
Client Carl is reviewing the representation agreement presented to him by his new lawyer, Lulu. Lulu's agreement provides that her hourly rate is $240 and her paralegal's rate is $100. The contract further provides that "these rates may be adjusted from time to time without notice to the client." This clause is:
illegal because it is an important part of the contract that appears to be in the sole control of the lawyer.
After working on the defense side of asbestos litigation for many years, Paralegal Kawika decides that he wants to work for a small firm and branch out away from asbestos into real estate or family law. Kawika sends out some resumes and gets a call from a law firm that primarily does real estate and family law, but also represents some asbestos plaintiffs. Kawika should:
interview with this firm and accept an offer only after getting a written waiver of the conflict from his current employer
Louise Lawyer's contract for personal injury claims provides that she is entitled to 40% of the recovery if the case is settled before a complaint is filed; 45% if the case is settled after the complaint is filed but before trial; and 50% if the case goes to trial. It further provides that the client is responsible for all costs of the case such as filing fees, deposition costs, messenger fees and copying costs at $.50 per page. This contract:
is an example of overreaching by a lawyer.
Attorney Anter is a criminal defense lawyer. In the case of Rio, Anter failed to adequately prepare for the case, barely spoke to his client until the trial got under way and failed to properly cross-examine prosecution witnesses. According to the judge who heard the case, Anter should not have put Rio on the witness stand because Rio admitted being a member of a gang which probably helped the jury decide that he was guilty of being involved in a drive-by shooting. The judge set aside the jury's verdict. Anter:
is guilty of negligence for failure to represent Rio competently if his action/inaction fell below the standard of care of the reasonable lawyer under the circumstances.
While standing at a bus stop, Paralegal Frank overhears a woman telling her friend that she has to take the bus now because she had an accident with her car and the insurance company is dragging its feet. She remarks that it has been several months and she still has not gotten any money so she can replace or repair her car. Frank says: "Excuse me. I couldn't help over hearing your conversation. You probably need a lawyer to help you. Here's my business card. Call the main number and you'll be referred to a lawyer who can help you." The woman thanks him politely. Frank:
is guilty of solicitation because he made an in-person contact with a person he does not know and induced her to use the services of his law firm, most likely for profit.
Paula Paralegal's mother called her with the following statement: "I'm considering writing a holographic will." Paula responded: "Mom, don't do that. Holographic wills are often disregarded by the courts due to technical errors." Paula's response:
is likely UPL because she applied her knowledge of the law to her mother's statement and gave her mother a response.
Apolonia Paralegal's father owns a golf and tennis pro shop at a local golf club. Apolonia's law firm typically gets sports-type gifts wholesale (through Apolonia's dad) and gives them to the local court personnel at Christmas. This practice:
is not a good idea because seeking to influence court personnel by giving them gifts is a violation of the Rules of Professional Conduct
Emily works as a tax accountant. Yesterday she gave her client (Mr. Johnston) some bad legal advice when she told him that he can move his money to an off-shore bank and renounce his American citizenship in order to protect his money from U.S. taxes. As a result of this advice, Emily:
is not guilty of UPL because tax accountants typically give this type of advice as part of being an accountant.
Freelance paralegal JoAnna has a website that advertises her services to lawyers and law firms. The homepage of her website includes this admonition: "My services are only available to lawyers. I do not do any work for members of the public." This warning:
is probably a smart thing to do but is not required because there are no laws on paralegal advertising.
While interviewing a potential witness, Xavier Paralegal suggested that the witness did not see a "green" car, but instead showed her pictures of blue and turquoise-colored cars of the same make and model as the car the witness told the police she had seen at the accident. By the end of the interview, the witness was pretty confused about what, exactly, she had seen. At Xavier's request, then, she signed a witness statement saying that she really did not remember what the car looked like, contradicting the statement she made to the police. Xavier:
is simply doing his best for his client by confusing this witness.
After the U.S. Supreme Court case of Bates & O'Steen v. Arizona:
law firms could advertise using paid actors, scripts, and explanations about the legal services offered
Peggy Paralegal has noticed that her supervising attorney often comes to work late, leaves early, and reeks of alcohol. This does not surprise Peggy because she understands that law is a very stressful profession, but she is concerned. Peggy is wondering whom she can turn to and where she can get her questions about alcohol dependency answered. Peggy's best response is to:
look for her state's LAP, lawyer assistance program, and talk to them about her options.
Attorney Johnston's wife died last month. He is despondent and unable to concentrate on his work. He often finds the day has passed by and he has not accomplished anything on behalf of his many clients. Next week he will go
may be found to be incompetent because his depression is keeping him from being thorough and properly preparing for the upcoming motion.
During an interview with Client Xavier, Paralegal Joshua learns that Xavier played on the Olympic team for Spain in 1992 when that team won the silver. Joshua, an avid soccer fan, can't wait to call his dad to share this information. Joshua:
may have divulged client confidential information if the information has anything to do with the representation of Xavier by Joshua's law firm.
Lara Lawyer's standard advertising says: "Contingency fee arrangements available in personal injury cases. No Recovery, No Fee!" This ad is:
misleading and deceptive if clients are held responsible for paying costs even if they lose.
Paralegal Sofia is moving to a state where paralegals are "registered." She asks you what she can expect when she goes to get a new job there.
most registration statutes do not have a minimum requirement for education or training. The purpose of registration is just to allow the state to find the registered person
Paralegal Samson has just completed the legal case of his life being part of the team that represented Mrs. Incredibly Rich in her divorce from Mr. Incredibly Rich. Now that the case is closed, Samson is looking forward to telling his wife all about it. Samson:
must keep his client's confidences forever so he can never tell his wife about the case.
Bill and Jan want to document a small transaction. Bill is going to sell his coffee shop, and Jan is going to buy it. Bill and Jan go to the Law Offices of Larry Lawyer to draw up the contract. Larry should
not agree to draft a contract for both parties because there is a conflict of interest
Paralegal Patty has been working in the corporate department of the law firm of Tan & Lee for several years. Her job includes attending board meetings for some of the corporations, writing corporate minutes, and keeping the corporate minute books up to date. Over the years, she has come to know many of the corporate officers very well. One of these officers asks Patty to change some of the facts in one set of corporate minutes. Patty should:
not make the change without a vote from the entire board because the corporation is the client
You live in the State of Mesaro. According to Mesaro state law, lay people may represent claimants before the Workers' Compensation Appeals Board. This Board hears appeals from people who have been denied workers' compensation after being injured on the job. Johanna leased space in an office building and put a sign on the door "Johanna Ritter -- Workers' Compensation Appeals Representative." This sign is:
not misrepresentation so long as Mesaro state law does not include specific verbage that Johanna must use and so long as the language is not otherwise confusing
There are various ways of regulating paralegals that have been discussed and attempted in many states. All of the different types of regulation methods are designed assume that:
paralegals will be held to the highest ethical standards and are considered professionals.
Attorney Jones and Judge Ashford were high school "frienemies." (People who are friends and enemies at the same time.) After Ashford became a judge, Jones played a series of pranks on him including exploding indoor confetti fireworks in the judge's bathroom, leaving a threatening note in his court mailbox, and leaving anonymous threatening messages on his courtroom answering machine. Although meant to be pranks, Jones' actions may be:
prejudicial to the administration of justice if the average person would take them seriously.
While at Scott & French, Paralegal Nancy worked as part of the litigation team representing the plaintiff in Big Corp. vs. Little Corp. When Nancy leaves Scott & French to accept a job with William & Marks, she learns that her new employer
probably does not have a conflict of interest because the new representation does not appear to be materially adverse to the former representation.
In-house paralegal, Dorothy, is asked by her company's personnel department if the old email backup harddrive, which is failing, can be erased and disposed of. As the personnel department has nothing to do with corporate dealings with shareholders or other people outside of the company, Dorothy does not see the harm in letting that old information go. She is:
probably wrong because the personnel department's email might be pertinent to a case brought by a current or fomer employee against the corporation.
Juno's case has just been settled and she received a check from her lawyer in the amount of $54,356.97. Juno wonders where that peculiar number came from because the case was settled for $100,000. Juno:
should ask the lawyer for an "accounting" of her case that sets forth all of the expenses and deductions from the $100,000 recovery. She is entitled to an accounting.
Attorney Brite represented Martin in a personal injury case for injuries that she received when a kitchen cabinet in her apartment fell on her. The complaint that Brite filed on Martin's behalf named many defendants, including various subcontractors and others, some of whom later provided evidence that they should not have been named as defendants.Several of the defendants named in the complaint filed motions for summary judgment. Brite delegated responsibility for opposing those motions to a new associate in his office, Gresby. Gresby had minimal legal experience and never opposed a motion for summary judgment. Brite was aware of Gresby's inexperience, but he assigned the matter to Gresby nonetheless.To respond to the summary judgment motions, Gresby needed to submit documents or affidavits on Martin's behalf that would show the court that there was a genuine issue of material fact requiring a trial. Rather than doing so, Gresby opposed the motions orally, relying solely on legal arguments. The trial court granted the defense motions. Brite:
should be found to be negligent for improper delegation and supervision AND filing a complaint against defendants without first doing enough background on the case to determine the proper defendants.
Hubert Lawyer has received a $10,000 security retainer from Cindy Client. Hubert gives you the money and tells you to deposit it:
should deposit the $10,000 in the client trust account to draw against for future legal fees.
Paralegal Denny has worked for the Johnson & Smith law firm for 5 years in their real estate department. When he leaves Johnson & Smith to take a job in the litigation department of Beck & Hein, Denny
should discuss his new job and possible conflicts with his Johnson & Smith employers to ensure there is no allegation of release of confidential information sometime in the future
Claudio wants to apply to change his student visa to a work permit visa. He goes to the ABC Legal Clinic but there are no lawyers there - only paralegals. Claudio is okay with that because he can fill out the form without help. However, when he gets to the blank that says "Middle Name" he doesn't know what to do. Claudio doesn't have a middle name. When he asks a paralegal at the ABC Legal Clinic what to do with this blank, the paralegal:
should give Claudio the answer because the answer to such a question does not entail giving legal advice.
Paralegal Timothy works for a sole practitioner whose primary practice is wills and trusts. As a result, Timothy spends a great deal of his time with elderly people. Timothy is a sweet and helpful person. He runs errands for many clients, and helps them in many other ways. As a result, more than one client has offered to leave Timothy money in his/her will. Timothy:
should never encourage or permit this practice because gifts from clients create conflicts of interest.
Jody and Sam have agreed to end their marriage amicably. They have worked out all of the details of who will get what assets and how their money will be divided. In order to save money, they want to hire one lawyer to write up their agreement. Larry Lawyer:
should not take this representation because, even if Jody and Sam have agreed to all of the details of their agreement, there is a conflict of interest between the two people.
After a factory explosion in an urban area, Laura Lawyer wants to offer her legal services to the victims and their families. Laura:
should not try to contact victims or their families for 30 days because the explosion is a mass disaster and her state's 30-day moratorium applies.
Paralegal James is doing the final packing away of the files and creating an index for them as he puts the final touches on closing the latest probate case. It was an especially interesting case because the heir to whom the testator left 99% of his worldly possession died shortly after the testator. That resulted in all of Testator's worth being passed to Heir's son. Anyway, it was an interesting case. Now that the case is closed and Heir (the client) is dead, James is looking forward to writing an article about the case. As Heir was particularly flamboyant, James is thinking: Best Seller! As James' friend, you:
should tell him that he can write about the case if he has permission from the client or the client's heirs to release confidential information he gained while working on the case.
Attorney Fleamer is the Executive Director of a non-profit organization: Homes for Kids. This organization works in conjunction with state agencies that find permanent, adoptive homes for foster children. Fleamer's assistant, Paralegal Lara, suspects that Fleamer has used agency money to fund personal vacations and purchase a new personal automobile. Lara should:
speak with Fleamer personally or, if she does not feel comfortable doing that, report Fleamer to the appropriate authorities.
The plaintiff, Leandro Rizzuto, climbed a ladder manufactured by the named defendant, Ladders, Inc. while shopping at a Buy-It-All store. The ladder collapsed suddenly and the plaintiff fell to the floor, incurring serious physical injuries. The plaintiff filed a product liability action against Ladders and the defendant, Buy-It-All, alleging that the ladder had been manufactured and designed improperly, and had been sold without proper warnings. Thereafter, the plaintiff asked the defendants repeatedly to preserve the ladder and to afford him an opportunity to examine the ladder. The defendants' expert examined the ladder and concluded that it was not defective. The defendants thereafter destroyed the ladder, despite the fact that the plaintiff had never had an opportunity to inspect it. Plaintiff will bring a motion for:
spoliation of evidence.
Paralegal Mara has been working for a plaintiff's personal injury firm for 4 years and is looking for a change. She's thinking about a job with a real estate firm, but she has no experience in that area. Options for Mara are:
taking some courses at school, or through continuing education, and doing some independent reading in practice manuals and other professional publications.
Coty is a paralegal who works in the family law department for Biggy, Stan & Houston law firm. The firm has a policy that each paralegal and lawyer must do at least 100 hours of pro bono work but the firm typically takes on a big pro bono case that they can all work on together. This year, the case the firm took on involves antitrust litigation and it is pretty complex. Coty doesn't really understand the work that he is asked to do on the case but he isn't concerned because "it's just a pro bono case." As Coty's friend, you should:
tell Coty that he is a fiduciary regardless of the pro bono status of the case, and so he must always act with complete loyalty and good faith toward every client.
Paralegal Julio has been friendly with Paralegal Nextar for several months. Nextar admitted to Julio that he regularly "pads" his timesheets by adding an additional 10% to any time entry that is over 1 hour. Julio should:
tell Julio that his policy is unethical, illegal, and is cheating the client.
Paralegal Beverly was sitting with Client Morrie, reading through Morrie's interrogatory answers from last year in preparation for Morrie's upcoming deposition. After reading one particular interrogatory response, Morrie declared: "OMG, Beverly! I can't believe we wrote that answer! That's completely wrong!" and then, mumbling to himself, Morrie said, "or maybe that was the lie I decided would be better than telling the truth. Hmmm." When Beverly asks you what you make of that conversation with Morrie, you:
tell her that Morrie's words are completely covered by the attorney/client privilege so she will never have to repeat it to anyone outside of the office, but she should report the potential perjury to a supervising attorney.
Sylvia has just graduated from law school and is completing her application to become a member of her state bar association. She is concerned about a theft conviction from several years ago. She pled guilty and got probation. She successfully completed the probation and it is all behind her. However, there is a question on the bar application about "any prior convictions" and Sylvia is concerned that her past will keep her from the future she wants. Sylvia should:
tell the truth on her application because lying or omitting will be seen as evidence of bad moral character.
Mrs. Gold asked Attorney Arken to handle her divorce. Arken, however, does not handle family law matters so he advised Mrs. Gold to call Sandy Lawyer, a fellow attorney he has known since high school. Sandy is a terrific guy and Mrs. Gold liked him enormously. Sandy, however, enjoys surfing more than working and, as a result, completely bungled Mrs. Gold's divorce causing her to lose her rights to much of her husband's wealth. Mrs. Gold filed a complaint against Arken for "negligent referral." The likely outcome of this complaint is:
that it will be dismissed before trial because there is no cause of action that makes Arken a guaranty of Sandy's competence.
Danny Lawyer conspired with Carly Client to hide over $700,000 of Client's income from the IRS over a period of years. Client forwarded her business income to Danny, who hid it in a trust account. Danny regularly withdrew cash from the account and gave the money to Client as well as made purchases for her. Danny has several partners in his law practice, one of whom is aware of Danny's business dealings with Client. As a result,
the partner with actual knowledge of this wrongdoing has a duty to report Danny's illegal activity to the proper authorities.
The Legislature of the State of Flux is considering a "registration scheme" for paralegal regulation. An accurate translation of that is:
the state intends to ask practicing paralegals in Flux to identify themselves and provide contact information
The State of Eufouria is considering a "title scheme" for paralegal regulation. An accurate translation of that is:
the state intends to define the word paralegal and regulate who may use that "title" by specifying qualities such as proper education, training, and experience.
The State of Eufouria is considering a "title scheme" for paralegal regulation. An accurate translation of that is:
the state intends to define the word paralegal and regulate who may use that title by specifying qualities such as proper education, training, and experience
The Law Firm of Ubber & Pratt received a very large invoice from Court Reporting Agency. Rather than pay the invoice, the firm filed a complaint against the agency hoping that the probability of a long and expensive law suit will frighten them into just forgetting about the invoice. In reality, Ubber & Pratt have no problem with Court Reporting Agency. This tactic:
violates the rule against bringing a frivolous claim for the purpose of harassment.
Attorney Evans lost a motion for a new trial. In his anger, he wrote a letter to the judge accusing him of making the adverse ruling based on religious bias because both the judge and opposing counsel are Jewish, and Evans is not. While appealing the judge's ruling, Evans wrote to the judge:" I feel that your Ruling was either the result of your incompetence in the matter or perhaps worse and reflected a Jewish bias in favor of the Kaplan firm whose actions were in my judgment inexcusable in this cause. If in fact it represents incompetence I will drop the matter but if it is a Jewish bias I will file a complaint under the Rules for Handling Complaints of Judicial Misconduct or Disability." Evans:
will be found to be incompetent to continue to practice law because his letter was discourteous, prejudicial to the administration of justice, and defamatory.
While sitting in a conference room with Client Accused, Paralegal Sofia asks, "Why did you kill your wife?" Accused responds, "Don't tell anyone but I just couldn't take her nagging one more day." When Sofia is called to the witness stand by the prosecution in Accused case, she:
will not have to testify as to the confession because it is covered by the attorney/client privilege.
