Para 1 Test 2

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Jun 3, 2024

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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.
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