Essay

Your answer
The ethical rules of their state apply to everyone working at AB&C law firm, Patty, Arthur
Attorney and AB&C itself as lined out in the American Bar Association’s (ABA) Model Rules
of Professional Conduct. The supervising attorney is responsible for enforcement to the ethical
rules as detailed in the ABA Model Rules of Professional Conduct, Rule 5.1.  
Grade 8/10

Question
Lance Lawyer is representing Sally in connection with the sale of her house. Sally has received
the amount of $50,000 towards the sale price from the buyers of her home. Lance places the
money in his client’s trust account at the local bank. Lance ran low in his business funds and
needed to pay his rent. He knew a client was bringing him a substantial amount of money in 2
days, but he needed $1,000 today. Lance borrowed $1,000 from the client trust account to pay
his rent and immediately repaid it in 2 days. Has Lance violated ethical rules?

Your answer
Lance did not get permission from Sally regarding the funds he took even though he paid said
funds back immediately. Lance's actions definitely violated his ethical obligations.  He should
not have taken money from a clients account, under any circumstances such as paying his rent.
The likely disciplinary action would depend on if Lance has any other violations but if this was
his first violation he would probably be placed on probation
Grade 9/10

Question

Amy Attorney has violated the stats ethical rules by failing to maintain sufficient contact with
her client, Bob. The ethics committee believes some disciplinary action is warranted, but since
the offense is not severe in its degree, they do not want to suspend Amy for any period of time. Is
censure appropriate? What conditions may be placed on Amy’s censure to help educate Amy in
the area of ethics? Explain

Your answer
Censure is appropriate for Amy for her violation of the ethical rules for not maintaining
sufficient communications with her client. This will allow the ethics committee to reprimand
Amy for her violations without the need for suspension. Some conditions or provisions that
could be placed on a censure include required supervision and/or limitations to the extent of
work Amy will be allowed to do for an allotted amount of time.
Grade 8/10
Comment:

Question
Debbie is a paralegal working for a firm engaged in a large class action suit. The suit involved many parties and the attorneys in
her firm have asked her to go and interview their clients, the members of the class bringing the suit. If Debbie locates any
additional people, the firm has told her to interview them and try to get them to sign on with the firm. Can Debbie perform the
tasks her firm has asked her to do? Why or why not?

Your answer
No Debbie cannot perform the tasks her firm as asked her to do. First, she needs to be supervised
while doing duties asked of her and no one would be there to supervise. Second, paralegals
cannot solicit for legal business. So she would not be able to get additional people to sign on
with the firm
Grade 10/10

Question
Paralegal was employed by a firm, a plaintiffs personal injury firm. Her supervising attorney,
Dave, is very busy and he asked Patty to contact opposing counsel to let them know Sam is ready
to begin settlement negotiations. When Patty gets Ott’s, Opposing counsel, on the phone, he
begins to discuss his “bottom line” for settlement. Patty plays hardball and ends up getting Otto
to agree to twice what her boss wants. What’s wrong with this?

Your answer
Patty’s actions are the unauthorized practice of law since she discussed a settlement offer with
the opposing party and she did such without the supervision of her supervising attorney.
Paralegal shall not engage in the practice of law defined by the respective state. The attempt to
negotiate a settlement offer is engaging in the practice of law.  

Grade 10/10

Question
Carol Client hired Lydia Lawyer to draft her estate plan. After Several meetings, Carol
decides that Lydia doesn’t know what she’s talking about. Carol fires Lydia and hires a
different lawyer. Lydia is a certified estate planning specialist with 35 years in the practice.
Can Carol fire Lydia? If so, what is the underlying policy reason permitting clients to fire
lawyers. Explain.

Your answer: the client can terminate or discharge a lawyer at any time, with or without
cause, while still having to pay for the services already rendered. Rule 1.16 of the ABA
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