week one discussion

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University of Maryland *

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315

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Business

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Apr 3, 2024

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LGST 315 7380 Domestic Relations Week One discussion Part 1: While Carter was on vacation, a client, Sylvia, requested a meeting about her child support case; you agreed to meet Sylvia. You have assisted Carter with Sylvia's case and have written memos, attended meetings, conducted research, interviewed witnesses, reviewed financial statements and attended depositions. Instructions: A. Sylvia asked you to review the recent updated financial statements she sent to Carter and calculate how much child support her husband will owe each month. As stated in the NALA Code of Ethics and Responsibility, paralegals are restricted from engaging in activities that are reserved for attorneys. Cannon 1(b) states that paralegals should refrain from actions such as establishing attorney-client relationships, setting fees, providing legal opinions, or advice. Additionally, Cannon 2 prohibits paralegals from performing task that only attorneys are authorized to do or taking acting that attorneys are prohibited from taking. Based on these guidelines, it would not be appropriate for me to review Sylvia’s statements. This task would imply that I am giving financial advice, which falls within the realm of legal advice and/or opinion. Therefore, I would explain to Sylvia that this would not comply with the code of ethics. This would also ensure that I am adhering to professional standards and avoiding any potential ethical conflicts. B. After meeting with Sylvia, you discovered that Carter had completed and signed, but forgotten to file, a Motion for Reconsideration for Child Support for Sylvia's case. The Motion is due today. Analyze whether you should file the Motion today and why or why not. Based on the Model Standards and Guidelines for Utilization of Paralegals, paralegals can perform certain task under the direction and supervision of attorneys. Guideline 3, bullet number five states: The services performed supplement, merge with, and become the attorney’s work product. Additionally, the comments emphasize that paralegals should perform task assigned by the attorney, provided they have the required knowledge and experience. Attorneys are responsible for delignating work to paralegals and ensuring that the work complies with ethical standard. Ultimately, the attorney retains responsibility for the work product of the paralegal. Given these guidelines, filing the motion on the attorney’s behalf falls within the scope of task that can be delegated to the paralegal as long as he/she has the knowledge and experience. Using professional judgment to file the motion and then notifying the attorney immediately after would be appropriate. Reference:

Nala Code of ethics and professional responsibility. (2023). Retrieved from https://nala.org/certification/nala-code-ethics-and-professional-responsibility/ ABA MODEL GUIDELINES FOR UTILIZATION OF PARALEGAL SERVICES (2021)

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