Penn Foster Paralegal Ethics Graded Project Essay

2083 Words Oct 9th, 2014 9 Pages
Thinking Critically about Ethics- Graded Project- Paralegal Program


Attorney Howe’s possible Ethical Violations: (MONDAY)
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.
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.
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EC-1.5(F), ABA/EC1- 1.5(A)- Legal Assistant, Carl, breached the confidentiality of another client when he picked up the phone in the middle of conducting an interview with a separate client. He continued to discuss the client’s case on the phone openly whereas the client whom was being interviewed could hear the details of the conversation. The client who phoned in could potentially sue the firm for malpractice and negligence due to his/her confidentiality being breached.
EC- 1.7 (A), ABA 1.5(A)- Legal Assistant, Carl, did not introduce himself to Jane as a legal assistant. He simply conducted the interview without properly identifying himself. Jane could have been under the false impression that Carl was also a licensed attorney. Especially since Carl also gave Jane unauthorized legal advice when he advised her about not reporting certain incomes to improve the quality of her case.
EC 1.3 (B),(E), ABA 3.4(D)- When Carl asked Jane what her monthly living expenses added up to, as per attorney Howe’s specific instructions to do so, Jane gave an estimate and then suggested that Carl write down a much larger amount so that she could defraud the courts into possibly giving her a larger alimony. Carl assisted in such fraud when he recorded the amount as a fact, knowing that the…

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