Legal Law Case Study

ABA 5.3 (A)(B)(C). – Attorney Howe did not make reasonable efforts to supervise his paralegal. Mr. Howe knew that Carl was inexperienced in the firm as a “new-hire and should have practiced due diligence in his supervisorial duties. Attorney Howe failed to give clear guidelines and did not take immediate

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.

During this time, the defendant did not review bank records and statements that were sent to him. Even when the defendant had realized that his clients had not received their settlement funds or the discovery of inconsistency in his account, he did not remove Taradash access to the account or retrieved the signature stamp from him. The Appellate Court found the defendant to be guilty of professional misconduct in aiding a non-lawyer in the unauthorized practice of law and ordered the defendant to be suspended from the practice of law for three years. In the case of our client, Attorney James Johnson, he did not give authorization to his paralegal to access his bank accounts to misappropriate client’s funds. The client never reported missing funds from the closing, and Mr. Johnson did not allow his paralegal, Susan, to perform interviews without his permission. Susan did not conduct the interview using her signature, instead, all the closing documents were sent to Mr. Johnson, which he signed himself. Susan only made sure all the documents were signed, and all the accounts were

Probably yes. A client can bring suit against their attorney if they can show the required elements of legal malpractice. On Joyce’s facts. A court would probably rule that Brenner breached his duty to Joyce by not using the proper skill, prudence, and diligence an attorney should during her divorce proceeding, and that said breach of duty was the proximate cause of her financial damages.

A legal assistant is qualified through education or on the job experience to conduct substantive legal work, but they do not have a law degree, they usually have a paralegal associate's degree or a bachelors in a related field. They are protected under the conduit theory, which means they are working

The rule on declining representation is represented by the big firm attorneys taking the fired attorney's case on the wrongful discharge claim against her former law firm. Correct application of the rule would have instead required that they decline to represent her because they took her as a client knowing that the representation will result in violation of professional conduct (such as the rules on conflicts and confidentiality).

The main ethical issues in this case is Rule 1.6 Client-Lawyer Relationship: Confidentiality of Information. The rule states that, “a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation or the disclosure is permitted by paragraph (b)” which states a lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believe necessary. (ABA, Rule 1.6 Confidentiality of Information, 2017). Rule 1.6(c) “a lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation

The Attorney violated the ABA Model Rule 1.3 and 1.1. The Attorney did not provide the representation to the client for the new case and for the current case and did

Carl violated UPL for failure to identify himself to Jane and Zeke as a paralegal, setting fees and giving legal advice. Carl violated confidentiality by allowing Zeke to sit in on the meeting. Carl and Howe violated confidentiality by allowing Jane and Zeke in Howe’s office where confidential files were in plain view. Carl violated confidentiality by speaking about Jane’s case in the reception area where other clients could hear. Carl violated UPL by giving legal advice. Howe allowed Carl to engage in UPL and did not properly supervise Carl.

I’ve decided not to bring Jessie on board. I know there is not much risk involved being that she is an intern; however, I feel that she may require a lot of feedback, coaching, and supervision in this role as she has no experience with health plans. I feel that I may not be able to give her my full attention if I am supervising a whole department, and would cause me to double check her work, taking away from the supervisory duties I need to perform.

(4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if

One of the key features of this program is prior preparation and continuous feedback. Before the intern can

The job description for an associate attorney is one that varies across each state, law firm, and specific court case. The professional duties of attorneys across the United States requires superior communication skills, strong writing ability, analytical expertise, and perseverance. Pursuing a career in the legal field is no easy feat, with the undergraduate and Juris Doctor studies making for an intense workload and learning material that is constantly subject to change.

Rule 1.9b and 1.9bc applies here. “A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented

On this approach, the lawyer is bound to act in accordance with applicable laws and rules, such as the Rules of Conduct and Client Care, but as long as they “operate within those constraints then they are acting appropriately” [2P12]. That is, the moral content of the client's instructions have no bearing upon the lawyer's actions.