General Practice Flashcards

An attorney employs a paralegal. A first aid pamphlet with the name of the attorney office and contact details is distributed by the attorney upon hiring. Then, the paralegal is discovered giving first aid to a victim hurt in a vehicle accident. In this instance, the paralegal gives the injured individual the brochure before leaving the scene. Can the lawyer be disciplined as a result of this behavior?

Answer: Yes, because the paralegal got involved in conduct that is prohibited to the attorney

Attorneys are prohibited from soliciting clients in person or by telephone when the prospective client's physical or mental condition makes them vulnerable to undue influence. By having the paralegal distribute a firm brochure at the scene of an accident to an injured person, the attorney is indirectly engaging in prohibited in-person solicitation. Since attorneys are responsible for the conduct of their non-lawyer employees, the attorney can be disciplined for the paralegal's actions.

Both general business law and personal damage law are practices by a lone practitioner. While handling the general law matters, she employs a paralegal to handle all the personal injury claims. The paralegal's work is overseen by the single practitioner, who also pays him a fair wage and shares in the profits from the personal injury cases. Is this behavior acceptable?

Answer: No, because the paralegal is not allowed to receive a share of the split fees

Model Rules of Professional Conduct generally prohibit lawyers from sharing legal fees with non-lawyers. While a paralegal can be paid a fair wage, sharing a percentage of the profits from specific cases (split fees) is considered an impermissible fee-splitting arrangement. This rule prevents non-lawyers from having a financial incentive in the outcome of a case, which could compromise professional judgment and client interests.

A paralegal employed by a mid-sized law firm is named Anita. She identifies herself and her last name when she first meets the customer for the interview. The client thanks her and refers to her as "an attorney" when the interview is finished. Was Nadia need to mention during the introduction that she was a paralegal?

Answer: Yes, she is obliged to state she is a paralegal when meeting a client for the first time

Paralegals have an ethical obligation to clearly identify their non-lawyer status to clients and the public. This prevents any misunderstanding or misrepresentation that they are attorneys. Even if a client mistakenly assumes their role, the paralegal must proactively clarify their status to avoid the unauthorized practice of law and maintain transparency in the professional relationship.

An insurance provider issued a check to an attorney for the sum of a recent settlement made with the attorney's client. The lawyer hid the cheque among the papers on his desk since he had a meeting to get to and was running behind schedule. Knowing about the check, a staff member at the lawyer's office took it, faked the lawyer's signature, and cashed it while fleeing the scene. Considering the Model Rules of Professional Conduct, may the attorney in this situation be disciplined?

Answer: Yes, because it was a client’s check

Attorneys have a strict ethical duty to safeguard client funds and property. Client funds, such as settlement checks, must be promptly deposited into a client trust account (IOLTA) and handled with the highest level of care. Leaving a client's settlement check unsecured on a desk constitutes a failure to adequately protect client property, making the attorney subject to discipline, regardless of the employee's theft.

A paralegal is employed by a lawyer. The client is called by the paralegal just lost a divorce lawsuit in which he was the attorney's client. The client starts yelling at the judge and claims he was about to kill his ex-wife as the paralegal answers the phone for a trivial matter. The client once owned a gun, which the paralegal is aware of. The paralegal notifies the lawyer right away. Can the lawyer do anything to avert fatal repercussions?

Answer: Yes, because the rules state that an attorney is allowed to disclose information during representation if the life of another person is in danger

Under the Model Rules of Professional Conduct, an attorney may reveal confidential client information to prevent reasonably certain death or substantial bodily harm. In this scenario, the client's explicit threat, combined with the paralegal's knowledge of gun ownership, creates a credible risk. The attorney has an ethical discretion, and potentially a duty, to disclose this information to authorities to prevent harm.

Can a paralegal accept a 40% discount on a new car since the car dealer knows him well and was a former client of the law office where the paralegal works?

Answer: No, because there would have to be a written consent by the client

Ethical rules, which extend to paralegals through their supervising attorney, generally prohibit professionals from engaging in business transactions with clients without proper safeguards. Even with a former client, accepting a significant discount that stems directly from the prior professional relationship could be seen as leveraging that relationship for personal gain. To avoid any appearance of impropriety or conflict of interest, informed written consent from the client would typically be required, ensuring transparency and fairness.

At a law office, a paralegal is employed. The paralegal learns that certain information about the biography of one of the firm's associates that he personally wrote for the resume of the company is untrue. Would there be any repercussions for the employee?

Answer: Yes, because the biography was used for advertising purposes and can cause serious damage to the firm’s reputation

A paralegal has an ethical duty to ensure the accuracy of information used by the law firm, especially for public-facing materials like resumes or advertising. Providing false information, even if personally written, can lead to serious repercussions for the firm, including reputational damage, ethical violations, and potential legal liability for misrepresentation. The paralegal's actions directly impact the firm's integrity and client trust.