Exercise #5: PARALEGALS AND THE ABA MODEL RULES

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Todd Scott
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1 Exercise #5: PARALEGALS AND THE ABA MODEL RULES Which 5 of the ABA Model Rules of Professional Conduct do you feel are most important for a paralegal to be/remain aware of? Why? In reaching your conclusions, consider the following: The reasoning behind the rule The potential consequences of its violation The paralegal s typical role and duties in a law office The paralegal s potential to contribute to its violation, consciously or unconsciously The paralegal s ability to ensure that it is not violated Rule # & Title 1. Discussion

2 Exercise #6: PARALEGAL ETHICS Please review the ABA s Model Rules (at and the Paralegal Canons of Ethics ( and NFPA s Model Code of Ethics and Professional Responsibility ( For each of the scenarios below, please list any canon/rule from the above that might be violated. Discuss exactly how the violation might occur and how you would handle the situation to correct or avoid the infractions. 1. Your supervising attorney has asked you to send discovery requests that you have drafted although he has not reviewed them. 2. Two other employees are gossiping about a client loudly enough for clients in the waiting area to hear. 3. You have become aware that another paralegal in your firm is padding her billable hours to qualify for a bonus. 4. You have discovered that your supervising attorney is not returning telephone calls to clients. 5. Your supervising attorney has asked you to prepare a document with which you are unfamiliar.

3 6. You have overheard another paralegal tell a client that the client has grounds to file a suit against a neighbor. 7. You are attending a seminar paid for by your employer. Another employee tells you they plan to skip out in the middle of the session to go sight-seeing. 8. Your supervising attorney asks you to sign a document as a witness although the document was not signed by the client in front of you. 9. You have overheard a client telling his friend that he has hidden documents that would have a negative impact on his case. 10. In reviewing client billing, you have discovered many entries for work which you know was not done.

4 Exercise 7: ETHICS Directions: Using your knowledge of the ABA Model Rules of Professional Conduct, please select the best answer from the choices provided. 1. Joe has recently been admitted to the bar. Attorney Dan hires Joe as an Associate to supervise the work of Sally, the paralegal who has handled title searches in Dan s office for the last 10 years. Joe is to review Sally s searches for accuracy, to handle any legal questions that might arise, and to sign off in Dan s name once the title searches are accurate. Which of the following is true: A. It is proper for Joe to assume these responsibilities because he is an attorney, and Sally is highly experienced in title searches. B. It is improper for Attorney Dan to assign this role to Joe unless it will significantly lower his client s fees for title certification. C. It is improper for Joe to assume these responsibilities because Attorney Dan is not adequately supervising the work of associates and paralegals. D. It is proper for Joe to assume these responsibilities because Attorney Dan is ultimately liable for the accuracy of the title searches. 2. Rebecca is serving as Defense Counsel to Mr. Smith, who has been indicted for burglary. During an interview, Mr. Smith told Rebecca that he had perjured himself at his grand jury indictment before consulting with her. Under which of the following conditions would Rebecca be subject to disciplinary charges: A. She continues to represent Mr. Smith. B. She does not inform the authorities of the perjury. C. She informs the authorities of the perjury D. She informs Mr. Smith that she will be unable to represent him. 3. Jim Bobb, Esq. accepted a $90,000 settlement offer on behalf of his client, Betty Lew. The payment is to be split equally by the co-defendants, Dave s Texas Red Hots and Root-Tootin Root Beer. Jim Bobb s fee agreement entitles his firm to 30% of the settlement, or $27,000. His office receives a $45,000 check from Dave s Texas Red Hots and promptly deposits it into his Client Trust Account. He informs Betty Lew of receipt

5 and deposit of the funds, and also informs her of certified confirmation from Root-Tootin Root Beer that their payment will be delivered within 14 days. Betty Lew demands that Jim Bobb send her the entire amount received from Dave s, and to take his fee from the remaining funds when they arrive from Root Tootin Root Beer. Of the following actions, which could Jim Bobb properly undertake: 1) Send Betty Lew the demanded $30,000. 2) Send Betty Lew $31,500 and hold $14,500 in the Client s Trust Account 3) Send Betty Lew $31,500 and transfer $14,500 to his personal account. A. 1, only B. 1 and 2, but not 3 C. 1 and 3, but not 2 D. 1, 2 and 3 4. After retaining Jeremiah Jenkins as legal counsel, Bill, indicted for grand larceny, fled the state to save himself from trial and possible conviction. After investigating the facts Bill provided, and conducting exhaustive legal research, Jeremiah determines that the indictment is defective on its face, and reasonably believes that the case should be dismissed as a matter of law. Jeremiah has no idea where the client is hiding, so when Bill finally calls the office, Jeremiah informs him of his legal opinions and urges him to surrender immediately. Bill refuses to turn himself in, and instead, begs Jeremiah to tell him how to avoid being apprehended. After the conversation, Jeremiah informs the DA s office that he is representing Bill, that he has advised Bill to go to the police, and that Bill refuses to follow his advice. Is Jeremiah subject to discipline of he continues to represent Bill? A. Yes, because Bill is engaged in continuing illegal conduct? B. Yes, because Bill refused to accept Jeremiah s advice and surrender. C. No, because Jeremiah is not counseling Bill to avoid being arrested. D. No, because Jeremiah reasonably believes the indictment is defective. 5. Brenda Backbiter hires Frank Forthright to file a defamation suit against her ex-best friend, Sally Sensitive, and to spare no expense in winning. After Sally s attorney has filed the answer to the complaint, Brenda instructs Frank to have a private detective assigned to case. Frank hires Pink Pete s Licensed Investigative Services, Inc. Pete is paid to strike up a conversation with Sally at a local bar without letting her know that he

6 has been hired by Forthright s firm. Sally consumes a large amount of alcohol, complements of Pete s expense account, and admits that the defamatory statements were untrue and completely unfounded. In obtaining the admission from Sally, has Frank Forthright acted unethically? A. No, because he was following the instructions of his client. B. No, because Pete was a licensed investigator. C. Yes, because Pete took advantage of Sally while under the influence of alcohol. D. Yes, because Frank instructed Pete to interview Sally Exercise #8: ETHICS Please explain why you think placing unearned client funds in an office operating account would not be ethical and would not be a safe practice. Please explain how you would handle the situation if you began working for an attorney who routinely placed client funds in an office operating account.

7 Exercise #9: CONTRACTS Directions: Using your knowledge of valid contract formation, use the information in the following scenarios to determine whether there is a valid contract, and if so, identify the offer, the acceptance, and the consideration for each: 1. You have visited a neighbor s garage sale, and have asked the neighbor to put aside a television because you want to buy it. Is this a valid contract? Yes or No? If Yes, identify the offer, acceptance and consideration. 2. You want to sell an undeveloped piece of swampland that you have inherited. While talking on the telephone with a friend, he agrees to buy the land for $ Is this a valid contract? Yes or No? If Yes, identify the offer, acceptance and consideration. 3. You have decided to purchase a pet horse. The seller writes out a bill of sale and signs it. Is this a valid contract? Yes or No? If Yes, identify the offer, acceptance and consideration. 4. Your son has been in college and has a large balance on his credit card that was used for school supplies, books, and tuition. You want to help him out since he has done very well in school. You write a letter to the credit card company stating that you will be paying the bill in the future. Is this a valid contract? Yes or No? If Yes, identify the offer, acceptance and consideration. 5. You have ordered a black sweater from an Internet source, but received a pink one instead. The website states that there are no returns or exchanges accepted. Is this a valid contract? Yes or No? If Yes, identify the offer, acceptance and consideration. 6. You have purchased a super-sonic vacuum cleaner from a company who advertises that your money will be refunded if not satisfied. The vacuum does not perform well, and when you call to get a refund, the company refuses. You remind the company that the ad states that your money will be refunded if not satisfied, and the

8 company tells you that is correct, but they are satisfied, so there will be no refund! Is this a valid contract? Yes or No? If Yes, identify the offer, acceptance and consideration. 7. You have received an advertisement in the mail from a major appliance store, for the sale of a stereo system for $ if you purchase it by February 1 st. Is this a valid contract? Yes or No? If Yes, identify the offer, acceptance and consideration. 8. You have agreed to watch your neighbor s home while he is away on vacation. Your neighbor often watches your home while you are away. Is this a valid contract? Yes or No? If Yes, identify the offer, acceptance and consideration. 9. You have been harassed by an ex-partner who will not leave you alone. In desperation, you have agreed to pay another friend $50.00 plus mileage to go to the home of the ex-partner and threaten bodily harm. Is this a valid contract? Yes or No? If Yes, identify the offer, acceptance and consideration. 10. While it is unethical for an attorney to share fees with a paralegal, your supervising attorney has proposed to pay you a percentage of the firm s gross income based on the number of hours you have billed and clients that you have referred to the firm. Is this a valid contract? Yes or No? If Yes, identify the offer, acceptance and consideration.

9 Exercise #10: TORTS 1. Name a tort which may also be prosecuted as a crime. 2. Name a tort for which there must be an intent to harm. 3. Name a tort for which there does not have to be an intent to harm. 4. If a runner for a law office causes a wreck and injures others while delivering documents to the courthouse, who may liable and why? 5. If a passerby is injured in an attempt to help a child who is being attacked by a neighbor s dog, who is liable, and why? 6. If while in a store, a patron ignores a wet floor caution sign, and slips and falls, injuring himself, who may be liable and why? 7. If the same person is blind, does it make any difference? 8. If a person is injured at a swimming pool when hit by another swimmer doing a cannonball into the pool, and there are signs warning that no life guard is on duty, who may be liable and why? 9. Can gossiping be a tort? How and why? 10. Can talking a friend into breaking the lease on an office building be a tort? How and why?

An Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota

An Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota An Introduction to the Federal Public Defender s Office for the Districts of South Dakota and North Dakota Federal Public Defender's Office for the Districts of South Dakota and North Dakota Table of Contents