Research Paper

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.

Joy Salmon was seeking damages for George Brown who she cared for while as a nurse and his estate. Joy Salmon hired Virgina Atkinson as her lawyer in this case. Joy Salmon entered a contingency contract with her lawyer Virgina Atkinson. This contract stated if Joy Salmons case for Geroge Brown's damages did not end in her favor she was not obligated to pay attorney fees to Virgina Atkinson however if the case was in favor of Joy Salmon she was required to Virginia Atkinson for her services.  Attorney Virgina Atkinson billed Joy Salmon approximately $7200 for her services and Joy Salmon refused to pay the bill for Virginia Atkinson's services as an attorney. Virgina Atkinson was billing Joy Salmon $150 a hour for approximately forty eight hours of service to the case. Virginia Atkinson filed a lawsuit against Joy

Minimum contact establishes an appropriateness for one state to assert its jurisdiction on a person or business in another state. When evaluating the facts of the case presented, it

4. Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith?

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

The Sixth Amendment’s clause on counsel assistance has also been challenged in regards to the right to an effective performance on the count of the attorney. This concept demonstrates that the fulfillment of the right extends further than just the mere appointment of legal defense.

Which of the following is not considered one of the threshold issues that must be met before one can bring a lawsuit?

6.What is the level of court, the case is being heard in? 2 marks (1 mark each article)

the attorney had learned this information in the course of representing a client in an

In regards to other legal issues that are to be addressed I will break them down by a case by case basis.

161 (Bankr. N.D. Ill. 1985) to distinguish between expenses that are mere overhead, and cannot be reimbursed, with those that are directly chargeable to the estate. As the Thacker court explained, expenses related to a professionals overhead “have a common characteristic in that they are incurred by the firm on a day-to-day basis, no matter whom it represents. The traditional way to spread these kinds of daily expenses among all the firm 's clients is for the firm to structure its hourly rates to take such expenses into consideration.” In re Thacker, 48 B.R. at 164. On the other hand, “[c]ompensable, out-of-pocket expenses are those which can be clearly and fairly charged to the Debtors. Court fees, transcription fees, out-of-town travel expenses, delivery service, long-distance telephone calls and postage expenses, are examples of expenses which can be clearly traced to an applicant 's representation of Debtors, as opposed to the firm 's other clients.” Id. at 10.

Now every Jurisdiction and The District have their own charging language, these charges would fall under the

“…a breach of a legal duty to take care which results in damage to the claimant.” PT

Injury Statute and its relation to the doctrine of assumption of risk and the applications to this