Week 1 Ch. 1
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School
Maccormac College *
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Course
2640
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
3
Uploaded by UltraHawk4071
Ashlee Moran
David F. Grassi, J.D., M.A
Law 2640
Week 1 – Chapter 1 pg.16
Due: 09/10/2023
Review Questions
1)
Which of the three billing options (flat fee, hourly fee, contingency fee) would be most appropriate in the following situations?
a.
Preparing a residential lease – Flat Fee
b.
Representing a client in a construction litigation lawsuit – Contingency Fee
c.
Handling a complex commercial closing – Hourly Fee
2)
Distinguish between the concept of attorney-client privilege and the concept of confidentiality.
a.
Attorney-client privilege belongs to the client which is a rule of evidence law preventing the communications between the two subjects to be revealed. b.
Confidentiality is not a law and applies to the ethics of these relationships. It requires keeping all information pertaining to the client undisclosed. This includes direct communications as well as communications from any other source. This information may not be disclosed or used without the client’s permission. 3)
How may a paralegal avoid the unauthorized practice of law?
a.
A paralegal may avoid unauthorized practice of law by not partaking in the following activities:
i.
Advising clients of legal rights and remedies.
ii.
Representing a client in court.
iii.
Making strategic decisions in client cases.
iv.
Negotiating settlements.
v.
Accepting cases.
vi.
Setting fees.
4)
What are the most common ethical problems facing real estate attorneys?
i.
Conflict of interest in the most common ethical problem real estate attorneys face.
b.
What should be done when confronted with these situations?
i.
If the attorney recognizes a conflict of interest prior to accepting a client, he must deny representing the conflicting party.
ii.
If a conflict arises during representation, the attorney should withdraw from one or both parties as representation.
iii.
Inform both parties to the conflict of interest and if they agree there is
not an issue, then representation may continue. 5)
What items should be included in the initial client folder?
a.
New Client Data Sheet
b.
Retainer agreement
c.
Record of time spent on the client matters including the time the task was started and a summary of the work performed.
d.
Interview information sheet
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