...The ethics rules governing conflicts of interest are based on the duties of loyalty and confidentiality. These duties are threatened when a paralegal has an interest that is adverse to a client’s, whether personal or business one. A lawyer is responsible for ensuring paralegal conflict of interest does not exist. p. 68. NALA code of ethics Canon 8 states a paralegal must disclose to his or her employer or prospective employer any pre-existing client or personal relationship that may conflict with the interests of the employer or perspective employer and/or their clients. p. 204. A long standing rule strongly disfavors gifts from clients to lawyers, therefore the same rule applies to a paralegal. The inherent conflict in a lawyer’s dual role of adviser to a client and recipient of a gift from a client establishes this disfavor. A paralegal should be aware of this conflict leading to a challenge to the gift or allegations of unethical conduct. Especially in the case of a substantial gift from an elderly or otherwise vulnerable client. The supervising attorney would recommend the client seek advice from an independent counsel and ask the paralegal to refrain from working on the gift document. A will or trust is potential for undue influence, fraud, and overreaching. Courts frequently void both inter vivos (during life) and testamentary (after death) cases, even without showing of undue influence. An attorney may be subject to discipline for accepting such gifts (ABA Model Rule 1...
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...E. What are the criteria in considering the reasonableness of Attorney’s Fee? Sec. 24. Compensation of attorneys; agreement as to fees. - An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. F. Discuss the Moral and Legail Issues Involved CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client's case, neither overstating nor understating the prospects of the case. Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness. CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. F.1. Moral Issue. The moral issue in the case is that Evie accepts the case even she knows that there is a little chance of...
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...Statement of Facts There was a wave of seemingly related murders ravaged the area of Flagstaff, Arizona. On March 14, 2009, Stewart retained the services of Careful and Cautious, LLP, during the initial consultation; Stewart told James Careful the following: “Well, Mr. Careful, the truth is that I’m behind the six recent murders in the area. I’m really a good guy and I hate to kill people. But sometimes, I just can’t help myself. I don’t want to continue killing people but these voices in my head… they’re just so logical and irresistible.” James Careful then contacted the local police and reported his conversation with Stewart. Stewart was arrested for capital murder. At trial, James Careful testified against him. Careful related the entire March 14 conversation to the jury. Stewart was eventually found guilty of six counts of capital murder and was sentenced to death. Issue The issue is whether or not Stewart can petition for a writ of habeas corpus and whether or not Mr. Careful violated the attorney-client confidentiality privilege. Rule The ABA Model Rules of Professional Conduct (ABA MPRC) has changed the landscape of attorney-client relations by creating an exception to confidentiality. Under the MRPC Rule 1.6(b) (1) a lawyer may "reveal" or "use" confidential information "to prevent reasonably certain death or substantial bodily harm.” McClure v. Thompson, 323 F.3d 1233 (9th Cir. Or. 2003) Petitioner sought habeas corpus relief pursuant to 28 U.S.C.S. § 2254 after...
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...Running head: ETHICS AND THE LEGAL SYSTEM Ethical Practice of Law and its History Daphne Spann Kaplan University Intro. To Law Abstract The legal system has undergone many changes from its early start in the 19th century of the Canons of Professional Ethics to presently. The law has had to evolve due to the changes of climate in society to stay relevant and within the confines of the US Constitution. The one thing that has been debated and structured into a set of laws and guidelines under one main ruling organization of the American Bar Association is ETHICS. Ethical Practice of Law and its History The history of the establishment of legal ethics has evolved tremendously from the Canon of Ethics (Canons) to rules used today under the American Bar Association (ABA) Model Rules. The Canons are considered the cornerstone of modern of legal ethics and were used as a guideline for ethical conduct since prior to the 19th century there were no real rules regulating the conduct of lawyers. Ethics was based merely “perceptions” of what was considered ethical or drawn from other areas of law relevant to lawyers. The Canons were also considered vague in nature and seemed to focus on what attorneys should not do, while misaddressing the issues of what they should do. These early rules were viewed as a professional courtesy and carried no professional weight. The Canons, however, were still believed to be the historical starting point for the distinct contributions...
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...Unit 8 Assignment Legal Ethics March 5, 2015 Amanda Woods Before answering these questions I will explain what Unauthorized Practice of Law is. Unauthorized Practice of law is when a paralegal gives legal advice to anybody. A paralegal cannot advise a person on the law and what they can and cannot do. For example if a paralegal is asked My mother fell down the steps at her apartment building and the owner of the building has refused to fix the steps and that’s the reason she fell, legally what can we do? The paralegal cannot answer this question because it is a specific question about specific people and a specific incident. If the person had asked if a person fell down the stairs due to negligence what can be done? The paralegal could answer this question because you could find the answer on the internet and because it is a hypothetical question not a specific case. If Mr. Smith calls and leaves a message with Polly Paralegal asking if the grounds for divorce in North Carolina include adultery. Polly Paralegal can answer his question without the fear of Unauthorized Practice of Law because this is a generic question that isn’t specific about any one person or incident. She could easily do the legal research on this question and let him know what the law states. She could also give him the definition of adultery so he knows what it classified as. Because Polly Paralegal is telling Mr. Smith information that he could easily find on the internet it would not...
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...Unit 8 Assignment: Kaplan University: Unauthorized Practice of PA253: Legal Ethics 10/17/2014 Unauthorized Practice of Law Mr. Stan Smith calls his friend, “Polly Paralegal,” and Leaves a message asking, “Do the grounds for divorce In North Carolina include adultery? Later that day, Mrs. Stan Smith calls Polly Paralegal and leaves a message Asking, “Do I have grounds for divorce in North Carolina? I just found out that “Stan” committed adultery.” North Carolina Law: If you or your spouse is engaging in extra-marital “affairs,” then the position of filing an “alienation of Affections” or “criminal conversation lawsuit” against Your spouse paramour” seeking substantial money damages Against your spouse’s paramour. If that is the case, you Are well-advised to obtain proof of his or her affair. Polly Paralegal did not engage in the unauthorized Practice of law. Under the ABA Model Rules, the….Unauthorized practice of law is defined as 84-37 (c) Actions brought under this section shall be the superior Court of any county in which the acts constituting Unauthorized or unlawful practice of law are alleged To have been committed or in which there appear Reasonable grounds that they will be committed or in The county where the defendants in...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Three Ethical Issues When looking at PharmaCARE’s relationship with the Colberians, you see that the company’s treatment of the indigenous population is unethical. In terms of intellectual property, the scenario in Assignment 2 highlights the exploitation of the Colberians. While the indigenous population freely shares their information about their cures, the company exploits them by not compensating them for their shared knowledge. According to labor laws, companies should work ethically and treat all of their employees fair -- not equal, but fair. Some employees, based on their position and level of responsibility, should be paid more and should receive better perks than others. However, the company is earning millions of dollars from the knowledge being shared by the healers, and its executives live in luxury with swimming pools, tennis courts, and a golf course, while the Colberians continue to live in huts without electricity or running water. If the company compensated the healers for their intellectual property, the Colberians could improve their living conditions. PharmaCARE is taking advantage of this group of stakeholders because the healers are uneducated, ignorant to intellectual property laws, and do not know the true value of the information they are sharing with PharmaCARE. According to authors S.C. Jain and R. Bird, the Trade-Related Aspect of Intellectual Property...
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...History of Ethics: 1908 – Canon of Ethics 1969-70 Model Code 3 parts: 1. ethical considerations → what lawyers should do. 2. disciplinary rules → what lawyers must do. good 3. BAR _______________ acceptable set minimum conduct bad 1983 – Model Rules – most states follow. Set forth rules & comments akin to DR (set forth minimum conduct acceptable) 2000 – Ethics 2000 Commission ▪ California Rules of Professional Conduct – the only state to reject the ABA’s model rules or code. ▪ Ethics are governed by the highest court in the profession, not the legislature ▪ Vast majority of states, state bars (looking to ABA rules, not CA though) come up with the rules. 1. Licensing and Bar Admissions ▪ Regulated by the states. Most jurisdictions have chosen to test as a means of acceptance to the bar. ▪ Residency Requirement: 1. Out of State Residents - May the state discriminate against who gets into the BAR on the basis of residency? No. Supreme Ct v. Piper – woman applied to NH bar, lives 400 yards from NH border & application denied. Piper was admitted despite the state’s claims that non-residents were less likely to be familiar w/ local rules, lawyers not living in NH can’t be trusted, and out of state lawyers are less available for in state proceedings. Rule: State bar cannot discriminate on the basis of residency. 2. Geographical Restriction – some states permit waiver of the bar exam – ex: if...
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...MBA 6070X – Ethics & Law Essay 2 February 2015 Enron - Ethics & Law Essay Introduction: Enron Corporation was an American energy company based in Houston, Texas. Before its bankruptcy in late 2001, Enron employed approximately 22,000 employees and was one of the largest electricity, natural gas, paper, and communication companies, with overall revenues of nearly $101 billion in 2000. The company developed, built and operated power plants and pipelines while dealing with rules of law and various infrastructures worldwide. In just 15 years, Enron grew into one of America’s largest companies and leading magazine “Fortune†named Enron “America’s Most Innovative Company†for six consecutive years. Enron divided its business into three main areas: (I) Enron Wholesale, (II) Enron Energy Service, and (III) Enron’s Global Asset. Enron wasn’t focusing to specific industry strategies. Rather, it has an overall strategy that calls for creating an environment and culture of creativity and idea generation. “Enron is a laboratory of innovation. Enron’s entrepreneurial approach calls for new insights, new ways of looking at problems and opportunities. Enron has an exceptional ability to leverage its intellectual capital. Individuals are empowered to do what they think is best. Enron’s philosophy is not to stand in the way of our employees. This environment spurs the innovation that enables Enron to revolutionize traditional energy markets and successfully enter...
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...MBA 6070X – Ethics & Law Essay 2 February 2015 Enron - Ethics & Law Essay Introduction: Enron Corporation was an American energy company based in Houston, Texas. Before its bankruptcy in late 2001, Enron employed approximately 22,000 employees and was one of the largest electricity, natural gas, paper, and communication companies, with overall revenues of nearly $101 billion in 2000. The company developed, built and operated power plants and pipelines while dealing with rules of law and various infrastructures worldwide. In just 15 years, Enron grew into one of America’s largest companies and leading magazine “Fortune†named Enron “America’s Most Innovative Company†for six consecutive years. Enron divided its business into three main areas: (I) Enron Wholesale, (II) Enron Energy Service, and (III) Enron’s Global Asset. Enron wasn’t focusing to specific industry strategies. Rather, it has an overall strategy that calls for creating an environment and culture of creativity and idea generation. “Enron is a laboratory of innovation. Enron’s entrepreneurial approach calls for new insights, new ways of looking at problems and opportunities. Enron has an exceptional ability to leverage its intellectual capital. Individuals are empowered to do what they think is best. Enron’s philosophy is not to stand in the way of our employees. This environment spurs the innovation that enables Enron to revolutionize traditional energy markets and successfully enter...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Leonard Allan Gulley II Strayer University Professor Muhammad 12-16-2013 Treat others the way you would like to be treated is the main principle of ethics. Ethics is also the moral value of what is right and what is wrong which we are taught when we are at the preadolescence age and continue to develop that trait as we mature through life (Resnik, 2011). It is also up to the individual or group of individuals on how they carry out their judgments on what is ethical or unethical behavior. This is also a problem because what one person may believe is ethical another person may disagree because every individual sees and handles each situation differently based on their knowledge and their core set of values. Even though there are laws set in place to dictate what is legal and what is illegal, laws and ethical values are not the same but ethics does play a significant role to determine the factors of a law (Resnik, 2011). Ethics is also important in the business world to ensure companies are morally doing the right thing. This is significant especially for consumers so that companies do not take advantage of them and if this is the case a company may face serious consequences for doing so (Sandilands,n.d.). In marketing and advertising it is a common occurrence for ethical values to be brought up as a lot of companies straddle the fence on this sensitive subject. It is up to both...
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...far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our national existence. The 1987 Constitution provides in Section 1 (1), Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age and holders of a college degree. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.' (Emphasis supplied) Regrettably, however, there seems to be no jurisprudence as to what constitutes practice of law as a legal qualification to an...
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...EN BANC A.C. No. 1037. December 14, 1998 VICTORIANO P. RESURRECCION, complainant, vs. ATTY. CIRIACO C. SAYSON, Respondent. D E C I S I O N PER CURIAM: To say that lawyers must at all times uphold and respect the law is to state the obvious, but such statement can never be overemphasized. Considering that, "of all classes and professions, [lawyers are] most sacredly bound to uphold the law,"1 it is imperative that they live by the law. Accordingly, lawyers who violate their oath and engage in deceitful conduct have no place in the legal profession. In a Complaint-Affidavit, Victoriano P. Resurrecion charged Respondent Atty. Ciriaco C. Sayson with acts constituting "malpractice, deceit and gross misconduct in his office and a violation of his duties and oath as a lawyer." The Complaint arose from a homicide through reckless imprudence case, in which Complainant Resurrecion was the defendant and Respondent Sayson was the counsel for the offended party, Mr. Armando Basto Sr. The complainant alleged that, pursuant to the amicable settlement previously reached by the parties, he gave P2,500 to the respondent who, however, never gave the money to his client. Thus, the complainant was compelled to give anotherP2,500 to Mr. Basto as settlement of the case. The complainant then demanded the return of the money from respondent, to no avail. Thus, the Complaint for Disbarment. The records show that the Office of the Solicitor General (OSG) conducted several hearings on the matter;...
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...Graded Project Thinking Critically About Ethics By Mike Wilson, Esq. Reviewed by Brian Bastyr, Esq. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service mark. About the Author Mike Wilson is a freelance writer and college instructor who has had wide legal and educational experience. He graduated with his Bachelor of Arts degree in English from the University of Kentucky in 1976, and three years later received his law degree from the same school. He has been a partner in a law firm, a solo practitioner, and has done work in General and Family Mediation. He has also been a fulltime instructor in Paralegal Studies at Sullivan College, Kentucky. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has published a number of papers on law-related topics in scholarly and popular journals. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a Juris Doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. Copyright © 2000 by Penn Foster, Inc. All rights reserved. No part of the material protected by this copyright may be reproduced or utilized in any form or by any means, electronic or mechanical...
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...Course Name: Intro to Legal Ethics Instructor: Brent Halbleib Assignment: Unit 3 Confidentiality and Attorney/Client Privilege Name: Donna Marie Brown Date: July 26, 2015 Possible Points: 100 Confidentiality and Attorney- Client Privilege Donna Marie Brown Kaplan University Confidentiality and the Alton Logan Case “Sometimes trying to make wrongful conviction right, creates an ethical tension for civil and criminal attorneys. With any kind of practice, but mostly with criminal defense, a lawyer may learn from a client that they committed a crime ascribed to someone else. When an innocent person is faced with conviction, imprisonment, or in some cases, the death penalty, and the attorney is mindful of the injustice occurring to a third party, the lawyer is still bound by the rules of confidentiality to honor their commitment to their client.” (Strutin, 2015) And this begins the case with Mr. Alton Logan. In 1982, Alton Logan was convicted of killing a security guard at a Chicago-area McDonalds. Even though the testimony that Logan was at home when the murder happened, the jury still found him guilty of first degree murder And to top it off, the two attorneys, Dale Coventry and Jamie Kunz, knew Logan was innocent. And how did this knowledge come about? Andrew Wilson, the attorneys’ client, admitted to the murder. The two attorneys who were representing Wilson, for killing two policemen, was told by Wilson that he was also guilty of killing the security guard at...
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