This week we are doing something a little different than in previous weeks’ Law Talks. In the past three weeks and continuing into Week 4, we have studied a wide variety of ethical issues. This week’s discussion will be aimed at trying to tie the material we have studied to real world ethical situations. First you will need to review the following key issues so that you understand them well:
1) The unauthorized practice of law
3) Fee setting
4) Zealous representation (and going too far)
5) Advertising and solicitation
6) Professional negligence/malpractice
Post an example of at least three of the ethical concerns listed above. That is, tell a brief story of a paralegal that violated each one of the ethical issues listed above.
Post 2 and 3
Choose at least two of your fellow student’s post and discuss what that paralegal should have done differently. That is, what could have been done differently to avoid the ethical violation? Be sure to give constructive advice, not just a general opinion.
Remember – you need to support each of your posts with a citation to authority.
Your grade for the first post will be based upon the detail placed into your story, and whether your story reflects a true understanding of how and when the rules are broken. Your grade for the second and third posts will be based upon how thorough your advice is, and whether you truly grasp the rule and its application to paralegals/legal assistants.
NOTE – Pasting of long articles or quotes from cases will not get you the most points. I want to see you summarize and express yourself in your own words.