Attorney-Client Privilege Essay

Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim

1.16 (A).1, 5.5(B) - Upon learning that Carl had taken on a case on his own, which is an example of unauthorized practice of law, Attorney Howe should have notified the clients that Carl did not have such authority to take on a case, set discounted fees or conduct an interview without Attorney Howe’s supervision, thus in good consciousness Attorney Howe cannot take on clients under fraudulent circumstances.

In order to complete this assignment we must first recognize what Unauthorized Practice of Law is when it comes to paralegals. There is no set definition on what UPL is but as a paralegal there are guidelines to go by. Some ways they can violate the practice of law would be an individual holding themselves as an attorney when they are paralegals, giving legal advice as an attorney would, or representing clients in a court of law. All of the previous are violations and can be subject to several disciplinary actions [ (Unauthorized Practice of Law, 2010) ]. It has been named illegal due to the damages on may suffer due to bad legal advice. In some states it is considered a criminal offense and could be given a jail sentence.

The terrorist attacks of September 11, 2001 devastated the United States people. As they mourned over the deaths caused by the destruction of the World Trade Center in New York City, Americans began looking for a way to prevent anything like this from happening again. Consequently, an act known as the USA PATRIOT act was passed by Congress. This act opened up many doors previously closed to law enforcement and intelligence agencies. With these new opportunities available to them, they have the capability to obtain information about specific individuals believed to be involved in terrorist activities and organizations. Very beneficial to the United States, the Patriot Act provides easier access for different government law enforcement agencies to share information, allows government agencies investigative tools that non-terrorist crimes already use, and helps to dismantle the terrorist financial network. Although many people claim that the Patriot Act violates the United States Constitution and the freedoms of the American people, it contains many elaborate safeguards to fight against such abuse.

Technology has affected the field of justice studies in many ways. After the events of September 11th 2001, technology has had an even greater impact on the field of justice studies. Rapidly advancing technology has made surveillance cheaper and easier to conceal. Tools such as wiretapping, surveillance for e-mails, and other forms of surveillance tools that were before a violation of peoples' right to privacy, are now allowed to be used without probable cause. These tools now allow the FBI to find terrorists before they commit their act of violence. These surveillance tools that are now allowed to be used by the FBI were passed under the USA Patriot Act. Given that the USA Patriot Act now allows the FBI to look through what many

The Supreme Court case Miranda v. Arizona in 1966 affected the rights of the accused and the responsibilities of law enforcement. Miranda v. Arizona is known as the “right to remain silent” case. “I must tell you first you have the right to remain silent. If you choose not to remain silent, anything you say or write can and will be used as evidence against you in court. You have the right to consult a lawyer before any questioning, and you have the right to have the lawyer present with you during any questioning. You not only have the right to consult with a lawyer before any questioning, but if you lack the financial ability to retain a lawyer, a lawyer will be appointed to represent you before any questioning, and to be present with you

While researching the unauthorized practice of law I found that Model Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law and Model Rule 5.3: Responsibilities Regarding Nonlawyer Assistance are the same for both the state of Louisiana and national level. It is very important for the law all across the world remain strict with its rules and laws in which the state of Louisiana according to these two rules are both strict but also self explanatory of why it is the way it is.

In the United States, the adversarial system of justice relies on ensuring a criminal defendant receives a fair trial. The sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. Each city and county in the United States ensures a defendant the right to counsel. There are different ways cities and counties across the United States provide representation for indigent defendants. One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases.

The Patriot Act, an act passed by Congress in 2001 that addressed the topic of privacy in terrorist or radical situations, is controversial in today's society. Although it helps with protection against terroristic events, The Patriot Act is not fair, nor is it constitutional, because it allows the government to intrude on citizens' privacy, it gives governmental individuals too much power, and because the act is invasive to the 4th amendment right. To further describe key points in the act, it states that it allows investigators to use the tools that were already available to investigate organized crime and drug trafficking, and it allows law enforcement officials to obtain a search warrant anywhere a terrorist-related activity occurred.

A terrorist is someone that uses terrorism to attain political goals. It is the unlawful use of violence and force against people and property to persuade a population or government. A “Speedy Trial” guarantees that all persons accused of criminal actions have a right to a speedy trial. “Due Process” is fair treatment through the regular judicial system, especially for citizens. “Equal Protection” is part of the 14th amendment of the Constitution. It prohibits states from denying anyone within it’s jurisdiction the equal protection of laws. This means that the laws of a state must treat everyone in the same way as others in their same situation. As far as if a suspected terrorist is entitled to the same Constitutional protection as someone

All of these attacks and attempts and actions were addressed through the existing criminal justice system. Under that legal architecture, the Foreign Intelligence Surveillance Act and Title III of the Omnibus Crime Control and Safe Streets Act, as well as a host of other statutes and regulations, governed domestic intelligence collection. Exchange of information collected by foreign and domestic agencies was dedicated by a strict set of rules that was interpreted as forbidding pure “intelligence” information from being involved with law enforcement purposes, and conversely made it difficult to involve criminal justice derived information with other agencies. When terrorists were arrested either in the United States or abroad, they were accorded the treatment of any other criminal defendant, also including receiving warnings about the right to silence, and a full-blown criminal jury trial (FAQ about 9/11).

1. The issue is whether public school officials have the authority to perform strip searches of students in suspicion of hiding illegal drugs.

Bachmann, S. (2012). Bankrupting terrorism: The role of US anti-terrorism litigation in the prevention of terrorism and other hybrid threats: A legal assessment and outlook. The Liverpool Law Review, 33(2), 91-109. doi:http://dx.doi.org.ezproxy2.apus.edu/10.1007/s10991-012-9115-7

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

After the events of September 11, 2001, the United States had a unique dilemma. America was engaged in what would be called a “War on Terror”. This new conflict was unlike any in American history. Previously, in the context of war the United States had always fought a nation or group that had defined boundaries as to where they resided. This new conflict went away from these rules of the past. Terrorist groups were not bound to a region, but were instead united by an ideal. September 11 marked the first time in which terrorism would rise to the forefront of the nation’s agenda. This emergent wave of conflict required a different strategy than the those of the past because of the unorthodox nature of the opponent. One of the major innovations fostered by the “War on Terror” was the expansion of torture. The dramatic rise in terrorism sparked the unethical advancement of interrogation techniques in order to more effectively acquire information. The emergence of the “War on Terror” required government officials acquire intelligence in a new way thus spawning the emergence of “enhanced interrogation” methods, however, the morality of these techniques would come into question as they were revealed to the public.