Paralegal CLS 1 Test 2
docx
keyboard_arrow_up
School
California State University, Long Beach *
*We aren’t endorsed by this school
Course
101
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
4
Uploaded by Mag94949
SECTION ONE
1.
Rule 5.3 Canon 2
A paralegal may not serve/file any documents unless reviewed by the supervising attorney. The correction would be asking my overseeing attorney to review the set of discovery prior to serving. 2.
Rule 1.6 Cannon 7
Attorneys and their legal staff are bound by oath to maintain confidentiality of information pertaining to a client and their case. Discussing a case loudly in front of other clients violates attorney-client privilege. The correction would be confronting the employees gossiping and bringing this to the attention of my supervising attorney.
3.
EC-1.2(c) & (d)
The paralegal is being dishonest by engaging in fraudulent billing practices by inflating their hours billed. The correction would be reporting them to the overseeing attorney.
4.
Rule 1.3 & 1.4
The handling attorney is not promptly communicating with their client and keeping them informed about the status of the matter or any request for information the client may have. The correction would be reminding the handling attorney to maintain communication with the client and offering assistance in doing so.
5.
Canon 6 EC-1.1
The violation would be being incompetent when preparing the documents. The correction would be admitting to my overseeing attorney that I am unfamiliar with the documents.
6.
Canon 1, EC-1.8(a)
The violation is the paralegal is engaging in the unauthorized practice of law by providing legal advice to the client claiming they have grounds to file a suit against a neighbor.The correction would be immediately reporting the paralegal to the overseeing attorney.
7.
Canon 10, EC-1.1(a), EC-1.1(b)
The violation is the paralegals are being feckless by skipping the paid seminar, as they are not aspiring to continue their education. The correction would be participating in the seminar and notifying our employer after. 8.
Rule 5.3, Cannon 9, EC-1.3(d)
The violation is the supervising attorney is asking for an act of misconduct by asking for a witness signature when I, the paralegal, was not present at the time of signing of the document by the client. The correction would be to refuse to sign the document as a witness and report the supervising attorney.
9.
EC-1.5(e)
The violation is the client is not being honest with all information pertaining to their case.
The correction is for me to notify the handling attorney so they may take action appropriately
10. Rule 1.5, EC-1.3(d), Canon 1
The violation is the fraudulent entries reflecting work that has not been done. The correction would be reporting this to the proper authorities.
SECTION 2
Unearned client funds should be stored in a client trust account. Model Rule 1.15
(b) states “A lawyer may deposit the lawyer's own funds in a client trust account for the sole purpose of paying bank service charges on that account, but only in an amount necessary for that purpose.” Therefore, commingling office operating accounts with the unearned client funds would be an ethical violation because there is a greater likelihood for error when distributing funds appropriately, regardless of how meticulous the records
are being kept. As a paralegal I would bring this concern to the attention of my attorney and advise opening a separate trust account which I could assist in maintaining proper records for.
SECTION 3
1. C: It is improper for Joe to assume these responsibilities as he may not sign documents using Dan's name.
2. C: She informs the authorities of the perjury.
3. B: 1 and 2, but not 3
4. D: No, because Jeremiah reasonably believes the indictment is defective.
5. C. Yes, because Pete took advantage of Sally while under the influence of alcohol.
SECTION FOUR
1.
Assault
2.
Battery
3.
Slip and fall accidents
4.
The law office would be held liable due to vicarious liability.
5.
The neighbor is held liable due to their negligence; they did not exercise due care that the dog would not harm others.
6.
The patron would be liable because there is a warning sign of the floor's conditions.
7.
Yes, the store could be held liable as the individual is visually impaired therefore the store falls under premise liability.
8.
The person doing the cannonball would be held liable as there is a warning sign and the pool can't be held liable.
9.
Gossiping can be slander due to defamatory statements being verbally made.
10.Yes, talking a friend into breaking a lease would be violating an agreement which
would be tortious interference. It would allow a claim for damages against someone who interferes with a contract.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
SECTION FIVE
1. The consideration is the payment of the past-due credit card debt for her son doing well in school.
2. The consideration is the deposit of $500.00 for the backyard being fenced in .
3. The consideration is the washing machine and the lawn mower.
4. The consideration would be Joe planting the hedge and the neighbor painting his
house lavender with blue trim.
5. The consideration is Missy dancing and singing for the pub and her keeping her tips. SECTION 6
1. This is not a valid contract due to Fred's mental capacity and competency. 2. This is not a valid contract because there is nothing of value being exchanged to the child for mowing the lawn. It’s a favor/gift.
3. This is not a valid contract because the performance is illegal, Jason is trespassing and causing property damage.
4. This is not a valid contract because the attorney did not agree to purchase the copy machine, he is unaware of the contract.
5. This may not be a valid contract because it is a contingent offer, this can be used
as an excuse to break the contract.