Problem Areas in Legal Ethics

Model Rule 5.5(B)- Attorney Howe, left a new hire, Carl, unattended, while also suggesting that he may conduct interviews in his office without specifying particulars regarding his presence or direct supervisory responsibilities. In hindsight, Attorney Howe could be indirectly contributing to the unauthorized practice of law due to his gross negligence to supervise his paralegal.

Model Rule 5.5(B)- Attorney Howe, left a new hire, Carl, unattended, while also suggesting that he may conduct interviews in his office without specifying particulars regarding his presence or direct supervisory responsibilities. In hindsight, Attorney Howe could be indirectly contributing to the unauthorized practice of law due to his gross negligence to supervise his paralegal.

Now the reasoning behind prohibiting the unauthorized practice of law is not to hurt lawyers and anyone legally practicing law. These were put into place to help from personally damaging cases and individuals alike. What if you were given advice and used it to help with your case. Then come to find out that this advice or information was not at all correct and cost you your case. You would be very adamant to return to the individual to find out what had happened. Then you also find out that this person was not legally able to practice law in any manner. You would be furious and would want this person to pay for his/her actions. This is an example of why it is very important why someone that is not authorized

(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;

Beach J discussed the meaning of Attorney Rules 15 – see [84]. He criticised it as unclear, it seeming to deal only with conflict between duty & interest, not duty & duty.

Supporting Detail: In a close voting decision, the United States Supreme Court voted that it was unconstitutional for lawyers

Nurses are faced with ethical issues and dilemmas on a regular basis. Nurses must understand his or her values and morals to be able to deal adequately with the ethical issues he or she is faced with. Some ethical issues nurses are exposed to may be more difficult than others and the ethical decision making process is learned over time.

The law profession is zealously guarded. An applicant to the bar must demonstrate the requisite character, fitness, and moral qualifications to be admitted. In re Application of Greenberg. An applicant for admission to the bar...shall not knowingly make false statements of material fact or fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter... See generally, MPC, 8.1. It is professional misconduct for a lawyer to commit a criminal act that reflects adversely as a lawyer in other respects... MPC, 8.4(b).

You have asked me to summarize the Supreme Court of Canada decision in Doré v Barreau du Québec, 2012 SCC 12, SCR 395 and analyze whether the Law society is likely to sanction Evan Frank. Although the Rules of Professional Conduct place limitations on certain conduct to ensure professionalism, the expressive rights of lawyers must be given due respect and the likelihood of Mr. Frank’s sanction will depend on a fair balance of “expressive value” of the content in the letter, with the public’s expectation of professionalism.

In this case scenario I would do my job and give them out to the families that have a limited income and cannot afford them. If one sees that they are coming to the expiration date soon then I would believe that it is okay to take them home then, but these samples are for those less fortunate. It is ethically correct to not take the samples home unless they are about to expire and be wasted, but only then. Legally it is not yours to take home it is for the patients.

The choice of vocabulary in the 3 different sources are significantly different however. The choice of vocabulary seems to be more aimed towards the common man much like Common Sense by Thomas Paine. More easy to define words are used such as: perform, judgement, relationship, disclose, prospective, incidental, and professional. These are all words that any person can define just by looking at the root word. The word judge is visible in judgement. The word relation is visible in relationship, and same with the word prospect being visible in the word prospective. All these words are easy to define and understand, leading to more and more people understanding these rules and regulations. This level of vocabulary is also seen in the ABA Model Guidelines, with the introduction of a wider choice of vocabulary. This is seen through the use of terms such as: licensed, utilize, ensure, preserved, conflict, resulting. These are all words anyone can understand and use in a sentence and define, just a little more difficult to do all this with. The level of vocabulary being boosted could be a subliminal message stating that these guidelines must be followed and understood correctly by the ones who wish to be in a position of following them. The professional responsibility of a lawyer and a paralegal is a necessary component in being successful in this field of work. A rule stated in the American Bar Association is the same exact rule stated in the Code of Ethics of the National Association of Paralegals. And that same rule is also stated is the guidelines of the National Federation of Paralegals. All these sources are saying the same exact thing. They try and twist the words around, change the level and choice of vocabulary, and change the title of the guidelines. The only differences found in these guidelines are the fact that A.) They are not from the same rule book or website.

Section 27 of Rule 128 of the Rules of Court provides that a member of the bar may be removed or suspended from his office as attorney by the Supreme Court for any of the following grounds:

Breaking down this subsection into elements, the person needs to be 1. a legal practitioner, 2. of at least 7 years standing(including periods of legal practice and judicial service within and outside the State), the key issue is whether you are classified as a legal practitioner under this section. The meaning of a legal practitioner is vague, the definition of “legal practitioner” in a legal dictionary is as follow “A person, who through a regular program of study, is learned in legal matters and has been licensed to practice his or her profession.” When interpreting this section, common law presumption should apply, in accordance to the presumption ejusdem generis, where there are specific words followed by general words, ejusdum generis suggests that the general words should be read in light of the specific words, provided that the specific words have a link or

The SRA Code of Conduct concentrates on the protection and benefit of ‘clients and the public’ and ultimately forms the foundation of a good lawyer. Although pervasive, principles two, four and six support my argument on how a lawyer can, indeed be a good person. Firstly,

Build a mirror CRM production system over the next two weeks so that a rebuilding of the main CRM system could occur to plug security holes and assure that another DoS attack would not be successful.