Para 1 Test 2
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Para 1 Test 2 March 16, 2024
SECTION ONE
Exercise 6
1. Rule/Canon: Rule 5.3 of the ABA Model Rules of Professional Conduct: Responsibilities Regarding Nonlawyer Assistance.
a)
Violation: The supervising attorney is failing to properly supervise the paralegal's conduct.
b)
Correction: Have the supervision attorney review the discovery request before you send anything.
2. Rule/Canon: Canon 7 of NALA's Code of Ethics and Professional Responsibility.
a)
Violation: Gossiping about a client loudly enough for clients in the waiting area to hear. This is clear violation of the confidences that clients depend on. b)
Correction: As a paralegal, I would communicate to the two employees to refrain from these conversations. I would then speak to the supervising attorney to address the two employees regarding their behavior and violation confidences. 3. Rule/Canon: Canon 3 of NALA's Code of Ethics and Professional Responsibility.
a)
Violation: The paralegal is padding her billable hours. b)
Correction: I would document my concerns keeping note specific dates, times, tasks performed, and discrepancies in the hours reported. I would report to my supervising attorney and provide them with the documentation and details of my observations.
4. Rule/Canon: Rule 1.4 of the ABA Model Rules of Professional Conduct: Communication.
a)
Violation:
My supervising attorney’s failure to return telephone calls to clients can be considered
a failure to keep the client reasonably informed about the status of their case. It can also be seen as a failure to promptly comply with reasonable requests for information.
b)
Correction: The supervising attorney needs to establish good communication protocols for the clients. He needs to address any delays or backlogs in his workload to not neglect the client communication. Additionally, apologize to the clients. 5. Rule/Canon: Canon 1 of NALA's Code of Ethics and Professional Responsibility.
a)
Violation: By asking you to prepare a document without verifying that you have the necessary knowledge and training to do so, the supervising attorney may be putting you in a position where you are unable to fulfill the requirement.
b)
Correction: Have the supervising attorney provide the proper training and guidance need to perform the work. Also have your supervising attorney review and approve your work. 6. Rule/Canon: Rule 5.5 of the ABA Model Rules of Professional Conduct. a)
Violation: By advising the client on legal matters and suggesting that they have grounds for a lawsuit, the paralegal may be engaging in the unauthorized practice of law. Paralegals are generally not authorized to provide legal advice or opinions on legal matters to clients.
b)
Corrections: I would inform the supervising attorney of what I overheard and express concern about the potential unauthorized practice of law by the paralegal.
7. Rule/Canon: Rule 8.4 (c) of the ABA Model Rules of Professional Conduct. Misconduct.
a)
Violation: If employees are planning to skip out on a seminar paid for by the employer to go sightseeing, it could be considered dishonest behavior, especially if they are misrepresenting their
attendance or intentions to the employer.
b)
Correction: I would report the information to management or human resources that employees are planning to skip out on the seminar. Provide details about what you heard and express your concern about the potential dishonesty or misrepresentation. I also would encourage the employees to stay for the seminar and go sightseeing after the seminar.
8. Rule/Canon: Canon 6 of NALA's Code of Ethics and Professional Responsibility. A paralegal must strive to maintain integrity. a)
Violation: By signing a document as a witness without the client actually signing it in my presence, there is a risk of violating the confidentiality of the client's signature and authenticity of
the document.
b)
Correction: I would refuse to sign the document: I would express to my supervising attorney that I am not uncomfortable signing the document as a witness without the client's signature being present. I would also seek options for obtaining the client's signature on the document. I would try to schedule a meeting with the client to sign the document in your presence. 9. Rule/Canon: Rule 3.3: Candor Toward the Tribunal.
a)
Violation: If the attorney is aware of this situation and fails to take appropriate action to address it, such as disclosing the existence of the hidden documents to the court, they may be in violation by allowing a false statement of material fact to go uncorrected.
b)
Correction: I would bring the matter to the attention of the supervising attorney. Inform them of what you overheard and express your concerns about the potential violation. I would have the supervising attorney advice our client of the potential consequences of withholding relevant documents from the court. Encourage them to disclose the documents and discuss strategies for addressing any negative impact on the case.
10. Rule/Canon: Rule 8.4 (c) of the ABA Model Rules of Professional Conduct. Misconduct.
a)
Violation: If an attorney or a paralegal knowingly bills a client for work that was not done, it could be considered dishonest conduct under this rule.
b)
Correction: I would document my finding and keep detailed records of the billing entries that appear to be inaccurate or fraudulent. I would work with the supervising attorney to conduct a thorough investigation into the billing discrepancies. If billing errors are identified, take immediate steps to rectify them. SECTION TWO
Exercise 8
By placing unearned client funds in an office operating account would likely be considered unethical and unsafe for several reasons:
Rule 1.15: Safekeeping Property: This action misappropriated the client’s funds. The attorney is supposed to hold client funds separately from the attorney's own funds in a trust account. The attorney is comingling the his personal and business funds.
I would handle the situation by first educating myself and reviewing Rule 1.15. I would respectfully raise my concerns with the attorney, explaining that placing client funds in an office operating account violates ethical standards and exposes the law office. I would suggest a practical solution to ensure compliance with the rules and possibly modify the law office’s accounting practices. If the attorney does not want to modify his accounting practices, I would evaluate my options and seek employment with another firm. SECTION THREE
1.
(C) It is improper for Joe to assume these responsibilities as he may not sign documents using Dan's name.
Rule 5.5 2.
(B) She does not inform the authorities of the perjury.
Rule 3.3
3.
(B) 1 and 2 but not 3 Rule 1.15
4.
(D) No, because Jeremiah reasonably believes the indictment is defective. Rule 1.2
5.
(D) Yes, because Frank instructed Pete to interview Sally.
Rule 4.2
SECTION FOUR
Exercise 10
1.
Assault 2.
Battery
3.
Strict Liability or Negligence
4.
The runner for the law office would be personally liable for any damages resulting from their negligent actions. If the employee was acting within the scope of their employment duties when the accident occurred, the employer could be held responsible for the damages caused by the employee's negligence.
5.
The neighbor who owns the dog may be held liable under strict liability or negligence. The dog owner has the duty of care to not risk others of harm. 6.
The store owner may be held liable under strict liability. The warning sign may provide some evidence of the store owner's awareness of the hazard, it does not necessarily absolve them of liability. 7.
The store owner is liable for a slip and fall accident involving a blind patron in a store would depend on whether the store owner or operator fulfilled their duty of care to maintain a safe environment and whether the patron's actions contributed to the accident. 8.
The swimmer doing the Cannonball is liable of negligence. The swimmer ca be held liable for the
injuries caused by their actions if they were negligent or reckless in their behavior.
9.
Gossiping may be a tort of defamation. It can be defamation if the gossiping person makes a false
statement that harms the reputation of a person. Gossiping implies that the false statement was communicated to at least one other person besides the subject of the statement which means it was published to other people.
10.
Talking a friend into breaking a lease on an office building could potentially be considered a tort if it meets the factors. This would depend on factors such as your intent, the knowledge of the contractual relationship, and whether the landlord suffered damages as a result of the breach.
SECTION FIVE
Identify the Consideration
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1.
Mrs. Hope's writing to pay her son's past-due credit card debt.
2.
Mr. Smith's agreed to pay $1,000.00 for the construction of the fence and his initial deposit of $500.00.
3.
The exchange of the used washing machine by Hannah and the promise of the neighbor to deliver
the lawn mower after it is repaired.
4.
Joe agreed to pay for the planting of the hedge and the neighbor would not paint his house purple with turquoise trim. However, the neighbor breached their agreement, so this may impact the enforceability of the contract.
5.
Missy's signed contract with the pub in exchange for tips and publicity.
SECTION SIX
Invalid Contracts
1.
Fred's contract may not be valid because he has suffered from dementia for many years, which may affect his mental capacity to understand the terms and consequences of the contract. Contracts entered into by individuals who lack mental capacity are typically considered voidable.
2.
The boy is a minor and may not have the legal capacity to enter into a binding contract. 3.
Joan's contract may be illegal. Contracts that involve illegal activities are not enforceable by law.
4.
Alicia signed a contract without proper authorization. Contracts entered into without authorization may not be enforceable.
5.
The contract lacks certainty regarding the price and delivery time. Contracts must have definite and certain terms to be enforceable.