Exam 2: Ethics

A paralegal, who had been married for seven years, was employed by a family law attorney. The attorney was retained by a husband to represent him in a divorce case. When the paralegal met the client, she found him to be moderately attractive. Sometime later, after meeting with the client on a matter, the client asked the paralegal if she would meet with him for a drink. She agreed, as a courtesy to the client, and met him for a drink that evening. She met with the client for lunch or drinks several times after that, and eventually the paralegal and the client had an affair-all while the attorney's representation of the client was ongoing. Has the paralegal violated any rule of professional ethics?

A certified paralegal worked in a mid-size law firm and worked with two attorneys handling civil litigation cases. As part of her work, the paralegal was expected to understand and interpret procedural rules and local rules of practice. To keep up with changes to the state's procedural rules, the paralegal registered for continuing legal education seminar offered by the county bar association. On the morning of the seminar, however, one of the attorneys offered to take several employees to lunch, and the paralegal went to lunch instead of attending the seminar. The next day, the paralegal was working on collecting and preparing the supporting documents for a summary judgment motion, but organized them in a way that was inconsistent with a recent rule change, and the filing was rejected by the clerk of the court. The rule change was discussed in the seminar that the paralegal did not attend. Is the paralegal subject to disciplinary action by any professional organization?

A paralegal is assisting an attorney with the litigation of a personal injury case. The attorney represents the defendant. Previously, the plaintiff filed a motion for summary judgment on the issue of liability, and the attorney filed a response. After the plaintiff filed her reply, but before the hearing date, the paralegal finds a case (binding in this jurisdiction) that directly supports the plaintiff's motion and is directly adverse to the defendant's position. The paralegal reviews the motion, the response, and the reply, but does not find the case cited anywhere. The paralegal knows that the attorney always wants to know about applicable case law, even if contrary to a client's position. The paralegal then gives a copy of the case to the attorney and discusses it with him. Does the attorney have any obligations in this situation?

Under some circumstances, screening may be an appropriate management technique for non-lawyer staff if the non-lawyer learned client confidences at one law firm, and the non-lawyer later moved to another law firm and a conflict of interest arose based on the client confidences. Courts have outlined certain guidelines to be considered in determining if a screen is effective. Which of the following is NOT one of those considerations?

Judith and Alan are attorneys and partners in a two-attorney law firm. The law firm has been successful in establishing a practice focusing on ERISA law. Although both Judith and Alan are involved in management of the firm, Judith is responsible for most personnel and operational matters, and Alan is responsible for most bookkeeping and computer system matters. Judith is aware that Alan has been gambling on regular basis at a casino on a nearby Indian reservation. Judith also told Alan that, due to his gambling habit, she has started monitoring the business and trust accounts. One day, Alan takes $5,000 from the firm's trust account so he can use it for gambling at the casino, and Judith learned of Alan's conduct before he went to the casino, but did nothing to stop Alan. Is Judith subject to disciplinary action for Alan's use of the client funds in the trust account?

Complete the following sentence from the Model Rules: "A lawyer shall not make a _______________________________ communication about the lawyer or the lawyer's services."

A paralegal works for a small three-attorney law firm that provides legal services to small-and medium-sized businesses. The paralegal is heavily involved with the formation and maintenance of corporations and limited liability companies. One day, a call from a potential client is transferred to the paralegal. The potential client is interested in forming a business and is not sure whether she needs a corporation or a limited liability company, but states that she wants to hire the law firm. The paralegal says, "I'm sure we can help you. Generally, the cost runs between $500 and $1,000. Can I send you one of our contracts?" Has the paralegal engaged in any prohibited activity or conduct?

Under the Model Rule on fairness to opposing party and counsel, a lawyer may NOT do which of the following during trial?

Under the Model Rules, a lawyer may not encourage or assist a client in conduct that the lawyer knows is criminal or fraudulent. Nonetheless, a lawyer may ____________________________________________________________.

Bart is a paralegal at a large law firm with offices in several cities in the United States. Bart works with Jen, a partner who is handling a case for a corporation that manufactures equipment for the aviation industry. The corporation has been sued by a subcontractor, and the suit relates to trade secret technology. As a result, the court entered a protective order to prevent public disclosure of the trade secret information. Bart and Jen, however, are secret admirers of Julian Assange and WikiLeaks. Without telling Jen, Bart copied all of the documents in the discovery database to a USB memory stick and delivered the stick to WikiLeaks. WikiLeaks then published the documents on its website. Will Jen be subject to discipline for Bart's actions?

An attorney represented a client in a case against the client's former business partner. In her deposition, the client truthfully testified that she had lost her $100,000 investment in the partnership after her business partner negligently supervised the construction of a bistro (the business of the partnership). During the pretrial phase of the case, the business partner's lawyer called the attorney and offered to settle the case for $15,000. The attorney became indignant, called the offer insulting, hung up the telephone, and did nothing further. What obligation, if any, did the attorney have under the Model Rules?

Under Model Rule 3.1, a lawyer must have non-frivolous basis in fact and law before bringing or defending a claim or issue. Rule 3.1, however, also states that, in a criminal case, a defendant is not prevented from ______________________.

A lawyer accepts a case representing a juvenile who was arrested for spray painting graffiti. Can the lawyer accept the case if the lawyer's fee will be paid by the juvenile's father?

A paralegal is employed by an attorney who often acts as a mediator or an arbitrator. The paralegal often assists the attorney before and during mediations and arbitrations and does legal research to assist the attorney in determining matters. Just before an arbitration hearing is set to begin, the paralegal was in the firm's conference preparing for the hearing. The complainant, who is not represented by counsel, is in the conference room, but neither the paralegal's employer, nor the opposing counsel, nor the respondent are in the room. The complainant asks the paralegal, "Is your employer going to argue that the respondent was negligent in failing to have his brakes fixed?" The paralegal responds by explaining that her employer does not represent him (the complainant) and that her employer's role in the arbitration is that of a third-party neutral who will make an award in the case. Was the paralegal's response appropriate under the Model Rules?

In most cases, a paralegal may perform any function delegated by an attorney except which of the following?

An advertisement sent in the U.S. Mail that solicits or seeks professional employment from a person known to be in need of legal services must state which of the following?

In which of the following situations is a lawyer responsible for another lawyer's violation of the Model Rules?

A lawyer may enter into a contingent fee agreement with a client for any legal services matter, except__________________.

Under the Code of Ethics and Professional Responsibility, a paralegal must NOT _______________________________.

Under the ethics codes governing paralegals, which of the following activities may a paralegal NOT perform?