Question: A. Utilizing the model rules from your readings, answer prompts (a-d) for each question. Questions be answered in full sentences. (15 points each) 1. Jasmine
A. Utilizing the model rules from your readings, answer prompts (a-d) for each question. Questions be answered in full sentences. (15 points each)
1. Jasmine is a paralegal in a large law firm in Louisville, Kentucky. She has been asked to research the case law in her state to see if she can find a case in which a landlord was held liable for crimes caused by a third party on the leased premises. Jasmine finds a case in which the trial court determined that the landlord was liable for damages sustained by a plaintiff when she was mugged and robbed in an apartment complex's parking lot. Jasmine does not take the time to update the case and fails to discover that the Kentucky Court of Appeals reversed the trial court's decision.Jasmine's supervising attorney, relying upon her research, advises the firm's client accordingly, and suit is filed.
a. What is the ethical rule triggered by these facts?
b. What are the potential problems for Jasmine under these facts?
c. What are the potential problems for Jasmine's supervising attorney under
these facts?
d. What are the potential problems for the client under these facts?
2. Sam works as a paralegal for a small firm in Elizabethtown, Kentucky. He is a trusted, experienced employee who has worked for the firm for twelve years. One morning, John Johnson, one of the attorneys, called Sam from his home and asked Sam to sign John's name to a document that must be filed with the court that morning. Sam had just prepared the final draft of the document and placed it on John's desk for review and comment. John explained to Sam that he was sick and could not leave home. Sam tentatively reminded John that he should not sign the document. John said not to worry about it that no one ever checked to confirm the attorney's actual signature.
A. What is the ethical rule triggered by these facts?
b. What are the potential problems for Sam under these facts?
c. What are the potential problems for Sam's supervising attorney under
these facts?
d. What are the potential problems for the client under these facts?
3. Sheree is an independent paralegal. She provides divorce forms, typing and filing services at rates much less than attorneys. Jerry used Sheree's services. He returned the forms filled out but had a question regarding his child support obligation.
a. What is the ethical rule triggered by these facts?
b. What are the potential problems for Sheree under these facts?
c. What are the potential problems for the client under these facts?
d. How should Sheree handle this situation?
4. David is a paralegal in a medium size law firm specializing in personal injury law.He received a phone call from Dr. Wilson who stated he was returning a call from David's supervising attorney, Carol Bell. When David advised Dr. Wilson that Carol was in court, the Dr. began asking questions about a particular client of the firm. Specifically, Dr. Wilson asked David to confirm that Carol represented Karl Smith and that Karl had a neck injury as a result of an accident, which occurred on December 10, 2021.
A. What is the ethical rule triggered by these facts?
b. What are the potential problems for David under these facts?
c. What are the potential problems for David's supervising attorney under these facts?
d. How should David handle Dr. Wilson?
5. Katrina worked as a paralegal in the legal department of a corporation. In the process of interviewing an accountant from the business relating to an employment discrimination lawsuit, Katrina discovered that several top executives had been cheating on their income tax returns by not declaring a portion of their bonus income. Katrina later left the corporation for a private law firm. Her new supervising attorney has just filed suit against her former corporate employer.The attorney approached Katrina and asked for any "dirt" she might have on the employer to help his client prevail in litigation.
A. What is the ethical rule triggered by these facts?
b. What are the potential problems for Katrina under these facts?
c. What are the potential problems for Katrina supervising attorney under these facts?
d. What should Katrina do?
6. In which of the following instances may confidential client information be disclosed?Why or why not?
a. A client's daughter calls to find out whether her mother has left her certain property in her will. The mother does not want the daughter to know that the daughter has been disinherited until the will is read after the mother's death.
b. A corporate client informs you that he has hidden a sizeable amount of money belonging to the corporation in an account in his mother's name in a bank outside Kentucky. He has done this because his business partner is in serious personal financial trouble, and your client is afraid the business assets will be lost.
c. A divorce client threatens to hire a hit man to kill her spouse because she believes that is the only way that she can stop him from stalking her.It is clear she intends to follow through on this threat.
d. A former client sues her attorney for legal malpractice in the handling of a breach of contract case involving her cosmetics business. In the course of defending himself, the attorney discloses that the client is having an affair with her next-door neighbor, a fact that is unrelated to the malpractice or breach of contract case.
e. A paralegal receives a phone call from Debbie Davis, mother of Jessie Davis.Jessie Davis had just hired the firm to defend him in a drug possession case. Mrs. Davis asks the paralegal if Jessie had contacted the firm and why.
B. Prepare a brief summary explaining what you believe to be the unique
ethicalchallenges in private law practice including the use of social media (Instagram, TikTok, Facebook, etc.). (10 points)
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