Essay about Law & Ethics for Paralegals

1687 Words Sep 10th, 2013 7 Pages
FLAVIO PRINCIPE
STUDENT NUMBER: 21332673
PROJECT NUMBER: 00802200
ADDRESS: 506 STONEMONT DR
WESTON , FLORIDA 33326

PENN FOSTER SCHOOL
GRADED PROJECT
THINKING CRITICALLY ABOUT ETHICS

I HAVE BEEN ASKED TO REVIEW A SCENARIO INVOLVING A PARALEGAL WORKING IN A LAW FIRM, AND IDENTIFY THE ETHICAL RULES THE PARALEGAL AND/OR THE ATTORNEY VIOLATED.

I WILL DESCRIBE ALL POSSIBLE ETHICAL VIOLATIONS THAT OCURRED IN ANY PARTICULAR DAY OF THE WEEK TO BE EXAMINED, CITING :

A) ABA MODEL RULES THAT APPLY AND B) NFPA ETHICAL CONSIDERATIONS THAT APPLY

MONDAY

1.CARL FAILED TO IDENTIFY HIMSELF AS A PARALEGAL. ABA MR 5.5 (b); NFPA EC 1.7 (a).

2.CARL ASSITED AN INDIVIDUAL PROVIDING ADVICE IN DIRECT VIOLATION OF MODEL RULES. NFPA
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TUESDAY

1.EVEN THOUGH JANE ASKED FOR AN APPOINTMENT WITH ATTORNEY HOWE, THE DAY OF THE MEETING ATT HOWE ASKED CARL TO TAKE CARE OF JANE REGARDING DIVORCE ( DISCOVERY REQUEST) INTERROGATORIES AND HELP HER IN PREPARING FOR THIS EVENT. THAT CONDUCT WAS A DIRECT VIOLATION OF ABA MR 1.1 AND ABA MR 2.1.

2. DURING THE WHOLE CONVERSATION WITH JANE WHEN REVIEWING INTERROGATORIES QUESTIONS AND ANSWERS FOR THE DIVORCE PORCEEDINGS, CARL VIOLATED SEVERAL EC RULES. WHEN ACCEPTING TO INFLATE JANE MONTLY EXPENSES IN ORDER TO GET MORE MONEY AT THE COURT, CARL WAS IN DIRECT VIOLATION OF ABA MR 1.16 (a) (1). ALSO MR HOWE WAS IN VIOLATION OF THE SAME RULE FOR NOT BEING INVOLVE WITH THE CASE. CARL ALSO VIOLATED NFPA EC 1.3 (d) AND NFPA EC 1.3 (e).

3. BY COMMENTING IN FRONT OF JANE CONFIDENTIAL INFORMATION HE WAS RECEIVING OVER THE PHONE FROM A POTENTIAL CLIENT, HE WAS VIOLATING NFPA EC 1.5 AND NFPA EC 1.5 )a) (f).

4. BY NOT INFORMING PROPERLY TO ATT HOWE OF WHAT WAS HAPPENING WITH THE CASE, CARL VIOLATED NFPA EC 1.6 (a); NFPA EC 1.5 (e).

5. THERE’S STILL NO INDICATION THAT JANE KNOWS THAT CARL IS A PARALEGAL AND NOT A LAWYER, SO CARL FAILED AGAIN TO COMPLY WITH NFPA EC 1.7 (a).

6. WHEN BILLING MORE TIME OF WHAT HE REALLY SPENT TALKING WITH JANE AT THE MEETING, CARL WAS VIOLATING NFPA EC 1.2 (c )(d). ALSO HE VIOLATED ABA MR 2.1.

7. IN GENERAL CARL WAS CONSTANTLY VIOLATING

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