Given Missouri v. Jenkins and Richlin Security Services, Co. v. Chertoff, under what circumstances could a court still refuse to award paralegal fees?
Answer to relevant QuestionsDoes your jurisdiction’s rules of lawyer conduct have a section for paralegals and/or legal assistants? What kind of statements, if any, could the paralegal make to the prospective client concerning the lawyer’s fee while still avoiding the establishment of fees? Were the bonus payments Elaine made to Marie at the end of the year allowable? Why or why not? What is ex parte communication and why is it not allowed? How do you think one can balance the duty of confidentiality with the duty to be honest to opposing parties and courts?
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