paralegal test 2 COMPLETED

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Grayson Griffin Test Two: Ethics, Torts, and Contracts CLS by BARBRI ASU Student ID: 900598086 Paralegal I Assignments@legalstudies.com 04/25/2022 Test #2 ______________________________________________________________________________ Section One ( 10 Points) Directions: Provide answers to each of the scenarios in Exercise 6 in the workbook. Exercise #6: PARALEGAL ETHICS For each of the scenarios below, please list any canon/rule from the ABA Model Rules and NFPA’s Model Code of Ethics and Professional Responsibility 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. Rule/Canon: ABA Model Rule 5.3(b) “Responsibilities Regarding Non-Lawyer Assistance” Violation and Correction: Comment 2: “A lawyer must give such assistants appropriate instructions and supervision particularly regarding the obligation not to disclose information relating to representation of the client and should be responsible for their work product. To correct this I would give the supervising attorney an unsolicited recitation of what I have prepared, and ask for his approval. 2. Two other employees are gossiping about a client loudly enough for clients in the waiting area to hear. Rule/Canon: ABA Model Rule 1.6 “Confidentiality of Information”; ABA Model Rule 8.4 “Misconduct; ABA Model Rule 8.3 “Reporting Professional Misconduct” Violation and Correction: Employees may divulge privileged information to each other or to others in earshot. I would inform those employees of their impropriety and my duty to report it, to avoid “Inadvertent Disclosure.” 3. You have become aware that another paralegal in your firm is padding her billable hours to qualify for a bonus. Rule/Canon: ABA Model Rule 1.5 “Fees”; ABA Model Rule 8.3 “Reporting Professional Misconduct.” Violation and Correction: Improper billing practices such as “Padding Time” are a clear form of misconduct, and that misconduct imputable to the paralegal’s supervising attorney and law firm. I would inform the paralegal’s supervising attorney or my supervising attorney of the unethical actions

Griffin Page 2 of the paralegal. 4. You have discovered that your supervising attorney is not returning telephone calls to clients. Rule/Canon: ABA Model Rule 1.3 “Diligence”; ABA Model Rule 1.4 “Communication” Violation and Correction: A lawyer shall keep the client reasonably informed about the status of the matter, and promptly comply with reasonable requests for information. Failure to do so would run afoul of the ABA MRPC. Also, a lawyer may be missing valuable information from a client by avoiding his cause. I would inform my supervising attorney that the client has been attempting to reach him, and ask if there is any way I may assist in the matter. 5. Your supervising attorney has asked you to prepare a document with which you are unfamiliar. Rule/Canon: ABA Model Rule 5.3 “Responsibilities Regarding Non- Lawyer Assistance” Violation and Correction: Supervising attorney has a duty to non-attorney and client to give such assistants appropriate instruction and supervision. Supervising attorney should be responsible for a paralegal’s work product. I would inform the supervising attorney that I am unfamiliar with said document and require his guidance. 6. You have overheard another paralegal tell a client that the client has grounds to file a suit against a neighbor. Rule/Canon: ABA Model Rule 5.3 “Responsibilities Regarding Non- Lawyer Assistance” Violation and Correction: An attorney should not permit his/her legal assistant to engage in the unauthorized practice of law, to include giving unsupervised legal advice. I would inform the supervising attorney of what I overheard and possibly remind the paralegal the dangers of giving legal advice. 7. You are attending a seminar paid for by your employer. Another employee tells you that other employees plan to skip out in the middle of the session to go sight-seeing. Rule/Canon: ABA Model Rule 1.3 “Diligence” Violation and Correction: Continuing legal education is mandatory in some states. Failure to keep abreast of the benefits and risks associated with relevant technology violates the ABA MRPC. 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. Rule/Canon: ABA Model Rule 1.4 “Misconduct” Violation and Correction: This violation of MRPC may occur if you, in your role as a paralegal, also provide notary services. I

Griffin Page 3 would inform the supervising attorney that I could not possibly engage in such unethical conduct as violating the “Attestation Clause.”. 9. You have overheard a client telling his friend that he has hidden documents that would have a negative impact on his case. Rule/Canon: ABA Model Rule 1.2 “Scope of Representation and Allocation of Authority Between Client and Lawyer.”; ABA Model Rule 3.4 “Fairness to Opposing Party of Counsel” Violation and Correction: A paralegal has the same duty as his supervising attorney to not counsel a client, to engage or assist a client in conduct that the paralegal knows is criminal or fraudulent. “Spoliation” can cause charges to be levied against attorneys as well as their clients. 10. In reviewing client billing, you have discovered many entries for work which you know was not done. Rule/Canon: ABA Model Rule 1.5(a) “Fees”; ABA Model Rule 8.4 “Misconduct” Violation and Correction: “Padding” as to “time or task” necessarily violates code and canon and consists of exactly what is described above if this act of deceit is intentional. It is important as a paralegal to resist temptation to pad one’s billing sheets. If you find yourself confronted with the above situation, inform your supervising attorney of the discrepancy in the billing sheet. Section Two ( 10 Points) Directions: Provide answers for each question in Exercise 7 in the workbook. Exercise #7: ETHICS 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 ten 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. The following is true: C. It is improper for Joe to assume these responsibilities as he may not sign documents using Dan’s name.

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Griffin Page 4 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 the following condition, Rebecca would be subject to disciplinary charges: B. She does not inform the authorities of the perjury. 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 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, Jim Bobb should properly undertake: 1) Send Betty Lew the demanded $45,000. A. 1, Only 4. After retaining Jeremiah Jenkins as legal counsel, Bill, indicted for grand larceny, fled the state to save himself from trail 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. Jeremiah is not subject to discipline if he continues to represent Bill. C. No, Because Jeremiah is not counseling Bill to avoid being arrested. 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 the 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 has been hired by Forthright’s firm. Sally consumes a large amount of alcohol, complements of Pete’s expense

Griffin Page 5 account, and admits that the defamatory statements were untrue and completely unfounded. In obtaining the admission from Sally, Frank Forthright acted unethically. B. Yes, because Frank instructed Pete to interview Sally. Section Three ( 20 Points) Directions: Provide answers for Exercise 9 in the workbook. Be sure to identify the offer, acceptance, and consideration if it is a valid contract. 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. The neighbor agrees and puts aside the television. Is this a valid contract? Yes, or no? If yes, identify the offer, acceptance, and consideration. No, price, length of time to hold, not agreed upon. 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 $450. . Is this a valid contract? Yes, or No? If Yes, identify the offer, acceptance, and consideration. Yes, You want to sell a piece of swamp land as the offer. The acceptance is that he agrees to buy while speaking on the phone. $450 is the consideration. 3. You have decided to purchase a pet horse. You agree on a price and 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. Yes, the offer is being sold a pet horse, the consideration is the horse, the acceptance is that you agreed on a price, and the seller writes a bill of sign and you sign it. 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. The credit card company agrees. Is this a valid contract? Yes, or no? If yes, identify the offer, acceptance, and consideration. Yes, you write a letter to the credit card company stating that you will be paying the bill in the future. The acceptance is that the credit card company agrees. The consideration is the

Griffin Page 6 balance on the credit card. 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. No. 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 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. No. 7. You have received an advertisement in the mail from a major appliance store, for the sale of a stereo system for $200 if you purchase it by February 1 st . Is this a valid contract? Yes, or No? If Yes, identify the offer, acceptance, and consideration. No. 8. You have agreed to watch your neighbor’s home while he is away on vacation. Your neighbor often watches your home while you ae away and promises to watch your home the next time that you leave town. Is this a valid contract? Yes, or No? If Yes, identify the offer, acceptance, and consideration. Yes. The offer is to watch your home the next time you leave town. The acceptance is that you agree to watch your neighbor’s home while he is away on vacation. The consideration is the promise to watch your home the next time you leave town. 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 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. No. 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. You agree. Is this a valid contract? Yes, or No? If Yes, identify the offer, acceptance, and consideration. No. Section Four ( 10 Points)

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Griffin Page 7 Directions: Provide answers to Exercise 10 in the workbook. Exercise #10: TORTS 1. Name a tort which may also be prosecuted as a crime. Assault. 2. Name a tort for which there must be an intent to harm. Malicious Prosecution. 3. Name a tort for which there does not have to be an intent to harm. Malpractice. 4. If a runner for a law office causes a wreck and injures others while delivering documents to the courthouse, who may be liable and why? The law office may be liable under “Respondent Superior” doctrine and the runner may also be liable. 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? The neighbor may be liable under “Danger Invites Rescue” doctrine. If rescue may have been foreseen prior to incident. 6. If while in a store, a patron ignores a “wet floor” caution sign, slips and falls, injuring himself, who may be liable and why? The patron is liable under “Assumption of Risk” doctrine by ignoring the cautionary wet floor sign. 7. If the same person is blind, does it make any difference? Yes. 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 lifeguard is on duty, who may be liable and why? The swimmer doing the “cannonball” as well as the injured swimmer may both be liable. The diving swimmer under the “Last Clear Chance” doctrine and the injured swimmer under the “Assumption of Risk” doctrine.

Griffin Page 8 9. Can gossiping be a tort? How and why? Yes. “Slander”, “Defamation of Character”, and possibly “Libel”, may result from gossip. 10. Can talking a friend into breaking the lease on an office building be a tort? How & why? No, because the lessees’ friend has no legal duty to persuade his friend not to break the lease.

paralegal test 2 COMPLETED

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