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M. Kennedy
M. Kennedy, Doctoral Degree
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thinking critically about ethics penn foster exam...i need

Customer Question

thinking critically about ethics penn foster exam...i need help
Submitted: 2 years ago.
Category: Writing Homework
Expert:  FLAandNYLawyer replied 2 years ago.

FiveStarLaw :

Hi

Customer:
FiveStarLaw :

What is the format – multiple-choice, essay?

Customer:

essay

FiveStarLaw :

I will request that your question be transferred to the writing experts

Customer:

ok


thanks

Customer: replied 2 years ago.
how long will it take for me to get an answer back?
Customer: replied 2 years ago.
when will i recieve a response?
Customer: replied 2 years ago.
hello ma'am
Customer: replied 2 years ago.
please someone respond or im gonna need a refund
Expert:  Angela--Mod replied 2 years ago.

Hi, I’m a Moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find another Professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer: replied 2 years ago.
yes i am still waitingfor an... my question is concerning the penn foster thinking critically about ethics exam.... i was told that i would referred to a writing expert
Expert:  Angela--Mod replied 2 years ago.

Sometimes, finding the right Professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Customer: replied 2 years ago.
how long do u think i have to wait
Expert:  M. Kennedy replied 2 years ago.

Hello,

I would like to help you with this. Can you give me the details?

Customer: replied 2 years ago.

i understand... i have an paper stating for to use aba and nfpa ...but im really having a difficult time




Explain what ethical violations Carl and/or Attorney Howe


made and cite the ABA Model Rule(s) and NFPA Ethical


Consideration(s) that apply for Friday’s events.


Review your comments for the five days and select one


example of an ethical violation. How would you have


handled this situation without violating any ethical


considerations?



Customer: replied 2 years ago.


it is a fictional scenario


Customer: replied 2 years ago.
Student should be able to recognize situations that giverise to the unauthorized practice of law and how to avoidit, identify situations and rules concerning confidentialityobligations, attorney/client privilege and work product,and recognize conflict of interest issues affecting bothlawyers and paralegals. ,

it is a fictional scenario

Customer: replied 2 years ago.
Student should be able to recognize situations that giverise to the unauthorized practice of law and how to avoidit, identify situations and rules concerning confidentialityobligations, attorney/client privilege and work product,and recognize conflict of interest issues affecting bothlawyers and paralegals. ,

it is a fictional scenario

Customer: replied 2 years ago.

it is a fictional scenario\




Student should be able to recognize situations that give



rise to the unauthorized practice of law and how to avoid



it, identify situations and rules concerning confidentiality



obligations, attorney/client privilege and work product,



and recognize conflict of interest issues affecting both



lawyers and paralegals



Expert:  M. Kennedy replied 2 years ago.
Thanks for that additional information. But, I don't have the fictional scenario about Carl. Can you give me that?
Customer: replied 2 years ago.
it consist of five day scenarios..its pretty long can i send it as attachment??
Customer: replied 2 years ago.



MONDAY





Carl arrives at Dewey, Dewey, and Howe. He is told he will
be





working with Attorney Howe. Carl meets with Attorney Howe,





and they discuss a number of matters, including the flat
fees





Howe charges for uncontested divorces, simple wills, and





deed preparation. Howe gives Carl an interview sheet to use





for taking initial information in a divorce case and
explains





that Carl may use Attorney Howe’s office when he needs to





meet with a client. Then Howe tells Carl that he’s going to





get a cup of coffee and will be back in a little while.





2 Thinking Critically About Ethics





Carl is sitting in Attorney Howe’s office looking over the





divorce interview sheet. Carl notices stacks of papers,





correspondence, and documents spread out across Attorney





Howe’s desk. Wow, Carl thinks, he’s really busy. There





should be plenty of work for me.





Carl overhears activity in the reception area. Curious, he





gets up and walks to the door. A woman and man are





standing in front of the receptionist’s desk.





“Is an attorney available? I need an uncontested divorce,”





the woman says. Before the receptionist can answer, Carl





announces, “I can see you! Come on in!”





Carl motions the man and woman into Attorney Howe’s





office.





“My name isXXXXX” says Carl. He shakes hands with





the woman.





“I’m XXXXX XXXXX and this is my boyfriend, Zeke,” says Jane.





“Please sit down,” says Carl. He takes a seat behind
Attorney





Howe’s desk.





Carl begins taking information from Jane. Jane says that she





and her husband have agreed on all of the terms of the





divorce.





“What do you do for a living, Jane?” Carl asks.





“Well, I’m unemployed,” says Jane.





“How do you live?” asks Carl.





“Well, I get disability and I have a little business on the
side,





but the government doesn’t know about it. It’s all cash





and I don’t pay taxes on it, so I keep on getting my
disability





check.”





“What does your husband do for a living?” Carl asks.





“Oh, he’s an executive with a big company,” answers Jane.





Hmmm, Carl thinks. I bet he could afford to pay her alimony.





“Have you asked your husband for alimony? You might be





entitled to it, you know,” Carl says.





“Really?” says Jane. “Should I talk to him about it?”





“I would if I were you,” says Carl.





Graded Project





“Can I use your phone?” interrupts Zeke.





“Certainly,” says Carl. “Just come around here.”





Carl gets up and lets Zeke sit behind Attorney Howe’s desk.





Zeke has to push some of the open files on the desk out of





the way to make room for Howe’s legal pad, which Zeke uses





to make notes during his phone conversation.





In the meantime, Carl finishes obtaining information from





Jane. Then she says, “How much will this cost me?”





Carl quotes Howe’s standard fixed fee for uncontested





divorces. Jane says, “Another lawyer quoted me a lower





price. Maybe I should go there.”





Carl thinks, we don’t want to lose this business. Carl says,





“Well, that’s our regular price, but I’ll tell you what.
We’ll do





it for the price that was quoted to you by the other
lawyer.”





“Okay, it’s a deal,” says Jane.





Jane and Zeke get up to leave. Carl walks them through the





reception area where other clients are waiting.





“Don’t forget about that alimony,” says Carl loudly as they





walk past the receptionist. “Your husband should be paying





you plenty.”





Attorney Howe returns with his cup of coffee and Carl





excitedly tells him they have a new case.





Explain what ethical violations Carl and/or Attorney Howe





made and cite the ABA Model Rule(s) and NFPA Ethical





Consideration(s) that apply for Monday’s events.





TUESDAY





Jane speaks with her husband about alimony on Monday





night. He is so angry that on Tuesday he files for divorce.





He has Jane served with a divorce petition and a set of





interrogatories (discovery requests). Jane makes an
appointment





to meet with Attorney Howe. When Jane arrives for her





appointment, Attorney Howe calls Carl into his office.





“Carl,” he says, “I need you to work with Jane on these





interrogatory answers. Then, I want you to prepare some





interrogatories for her husband to answer.” Attorney Howe





leaves.





3





“Okay,” says Carl. “Let’s see. The first question is,
‘Please





state all sources of income for you during the past six





months.’”





“Well,” says Jane, “There’s the disability payment.”





“Okay, anything else?” asks Carl.





“Well, I make some money on the side, but my husband





doesn’t know about it and there’s no checks or records to





prove it,” says Jane.





“Well, the lower your income, the more maintenance you’re





entitled to, so I guess we won’t worry about that little





business income,” says Carl.





“And my boyfriend Zeke has been paying all of my bills, but





we had a fight last night and he’s moved out,” says Jane.





“So he won’t be supporting you in the future? Then I guess





all we have is disability income,” says Carl.





The phone rings. Carl picks it up.





“Yes, this is Attorney Howe’s office. No, he’s not here, but
I





can take a message. Yes. You’ve been charged with possession





of marijuana? And you had how much on you? Two





ounces? What’s your phone number? And your address?





Your name? Let me repeat that back to you.”





Jane waits patiently for Carl to finish the conversation.





“Okay, thank you, XXXXX XXXXX I’ll have Attorney Howe phone





you when he returns and he will let you know if he can take





your case.” XXXXX XXXXXgs up.





“Sorry about the interruption,” says Carl.





“That’s all right,” says Jane.





“The next question says ‘Describe the whereabouts of the





big-screen TV.’”





“Oh, yeah,” says Jane, “he got real mad when I took that out





of the house. I still have it. Actually, I gave it to Zeke,
but





since we’ve broken up, I’ll be darned if I’ll let him take
it.”





“Okay,” says Carl, “The next question states, ‘How much





alimony do you think you’re entitled to?’”





4 Thinking Critically About Ethics





“Well,” says Jane, “how much can I get? I want as much as





possible.”





“Attorney Howe says you’re entitled to no more than your





monthly expenses,” says Carl. “What are your total monthly





living expenses?”





She tells him. Then she says, “Don’t judges usually
compromise





between the claims of parties? Why don’t we ask for





double my monthly expenses? Then I’ll be more likely to get





a lot, even if I don’t get what I ask for.”





“Okay,” says Carl, writing down that amount.





They finish answering the interrogatories and then turn
their





attention to drafting interrogatory questions for the
husband





to answer.





“These are standard questions we use in all divorces,” says





Carl, showing them to Jane. “Are there any other questions





you think we should ask?”





“Yes,” says Jane. “Ask about the prostitute.”





“What!” says Carl.





“He was at a convention for his company when some of the





boys phoned up an escort service for, you know, ‘company’.





My husband wasn’t part of it, and the charges against him





were eventually dismissed because he was innocent. But he





was terribly embarrassed. If anybody at church found out,





he would lose his position as deacon.”





“That sounds like a good question to me,” says Carl. He





makes a note.





They finish their meeting, and Jane agrees to meet with Carl





tomorrow to sign the interrogatories. Carl, who is a notary,





will notarize her signature. Carl looks at the clock and
sees





his meeting with Jane took one hour and 20 minutes. He





writes on his time sheet “two hours.”





Explain what ethical violations Carl and/or Attorney





Howe made and cite the ABA Model Rule(s) and NFPA





Ethical Consideration(s) that apply for Tuesday’s events.





Graded Project 5





6 Thinking Critically About Ethics





WEDNESDAY





Carl prepares Jane’s motion for alimony. Carl has never





prepared a motion before, so he isn’t sure what’s required.





He fails to include a certification of service that’s
required by





procedural rules. He takes it to Attorney Howe for review,





but Howe is rushing out the door. He says, “I don’t have
time





to look at it. Surely you can prepare a simple motion!”





Howe leaves and Carl goes back to his office. The deadline





for filing the motion is noon, so Carl decides he had better





get it filed. He is on his way to the courthouse when his
cell





phone rings. It’s Zeke.





“Hey, man, this is Zeke. Remember me?”





Carl assures him that he does.





“What can I do for you?”





“I want my big screen TV back from Jane! That’s what you





can do.”





“Well, Zeke, you may have to sue her. And she’s involved in
a





divorce and her husband’s going to be claiming that TV.





She’s already told me that she’s not going to give it back
to





you. She really didn’t have the legal right to give it to
you in





the first place.”





“Well, can you help me? Tell her I won’t sue her to
reimburse





me for all the bills I paid if she’ll let me have the TV.”





“Sure, Zeke, I’ll tell her that sounds like a fair deal.”





By now, Carl is at the courthouse. He files the motion and





is walking back when he happens upon the scene of an





accident. He approaches a group of people standing on the





sidewalk. They’re crying as they watch paramedics load a





stretcher into an ambulance.





“What happened?” asks Carl.





“My husband was just run over!” a weeping woman cries.





“I’m so sorry,” says Carl. “Do you have an attorney?”





“No,” says the woman. “My name isXXXXX you an





attorney?”





“No,” says Carl, “but I know a good one. Here,” he says,





handing her one of Attorney Howe’s cards.





“This guy always wins a big settlement,” says Carl.





Carl returns to his office.





“Jane came by to sign those interrogatories,” says the





receptionist. “You weren’t here, so I told her to go ahead
and





sign.”





“Okay,” says Carl. He recognizes Jane’s signature on the





document and notarizes it.





Explain what ethical violations Carl and/or Attorney Howe





made and cite the ABA Model Rule(s) and NFPA Ethical





Consideration(s) that apply for Wednesday’s events.





THURSDAY





Jane phones Carl.





“Did Zeke phone you?” she asks.





“Oh yeah,” says Carl and describes the conversation,





including Zeke’s offer.





“No way,” says Jane. “He can’t prove I gave it to him. I
never





told anyone, so it’s his word against mine.”





“Sounds good to me,” says Carl. “If he calls back, I’ll have





Mr. Howe tell him to take a hike.”





“By the way,” says Jane, “I met someone at a cocktail lounge





last night and I think we’re going to get married. He’s
rich!





However, he wants an antenuptial agreement. Can you do





that?”





“I’ll ask Mr. Howe,” says Carl, “but I think so. Have your





husband-to-be give us a call.”





The phone rings again. It’s Sally Brown from the accident





scene. She and her sister, who also witnessed the incident,





want to meet with Attorney Howe. Carl checks with Attorney





Howe and schedules them to come in one hour.





Carl also mentions the antenuptial contract to Howe, and





Howe gives Carl a form and tells him to meet with the
client.





Then Howe leaves for the day. Carl phones Jane and she





Graded Project 7





makes an appointment for her husband-to-be to meet with





Attorney Howe on Friday morning.





Sally Brown arrives with her sister. Carl ushers them both





into the office.





“Whatever you say here is confidential,” says Carl. “So,
what





happened?”





“Well, we were looking at the Christmas decorations at





Elmont’s Department Store, and my husband said he wanted





to go on ahead and wait for us. Then, the next thing we





knew there was a horn blowing, brakes screeching, and a





thud! We turned around and there he was, lying in the





street, bleeding!”





Sally begins crying and Carl gives her a tissue.





“So, did either of you see the accident?” Carl asks.





“Well, not really,” says the sister. “We were looking at the





Christmas decorations.”





“If you didn’t see the accident,” says Carl, “we may not be





able to win the case. Somebody needs to be able to say that





they saw the accident and that your husband didn’t just step





out in front of the car. It’s better if the car got him
while he





was on the sidewalk. Are you sure you didn’t see anything at





all?”





“Well,” says Sally. “Maybe we did. You know, we were looking





at the decorations, but we might have looked around to say





goodbye. We might’ve seen him then.”





“Good,” says Carl, writing this down. “Now is it ‘might
have,’





or can you be more certain—did you see the accident?”





“Yes,” says Sally, looking at her sister. “I think we did
see it. I





mean, what else could have happened?”





Carl takes further information. Sally stands up to leave.





“So, will you take the case?”





“I’ll have to ask Mr. Howe, but I expect that he will.”





“What will he charge?”





This isn’t something Carl has discussed with Howe, but Carl





knows that personal injury attorneys generally charge a





percentage of the recovery.





8 Thinking Critically About Ethics





“It’s customary to charge one-third of the recovery.”





“Okay, that will be fine,” says Sally. She and her sister
leave.





Explain what ethical violations Carl and/or Attorney Howe





made and cite the ABA Model Rule(s) and NFPA Ethical





Consideration(s) that apply for Thursday’s events.





FRIDAY





“How would you like to come to court with me when I argue





Jane’s motion for alimony this morning?” Attorney Howe





asks Carl.





“Great!” says Carl.





The phone rings. Attorney Howe talks for a while. Then he





puts his hand over the receiver and whispers to Carl, “This





call will take a while. You go on. Take the file with you
and





meet Jane outside the courtroom. I’ll be there shortly.”





Carl meets Jane and they enter the courtroom and sit down.





At 9:00 A.M., Attorney Howe hasn’t arrived. The judge enters





the courtroom and everyone stands.





The judge begins to call cases. Carl wonders what he





should do. He watches the attorneys and sees that as each





case is called, the attorney either announces that the
matter





is uncontested, in which case the judge signs the order





presented by the attorney, or says “To be heard,” in which





case the judge just nods and calls the next case. Carl also





notices some very young attorneys who stand up and identify





themselves as “so-and-so for Attorney Jones” or “so-and-so





for Attorney Smith.” Clearly, they’re appearing on behalf of
a





senior attorney.





Hmmm, thinks Carl. Since our matter is contested, Attorney





Howe would simply say, “To be heard.”





Finally, the judge calls Jane’s case. Attorney Howe hasn’t





arrived. Carl stands up.





“XXXXX XXXXX for Attorney Howe. That’s to be heard.”





The judge nods and Carl sits down. In a few moments,





Attorney Howe arrives.





Graded Project 9





After the hearing on Jane’s motion for alimony, Carl returns





to the office with Jane. Attorney Howe stays to argue





motions in other cases. Jane’s husband-to-be, Raymond, is





waiting in the reception room.





“Hi sweetheart!” says Jane. They kiss.





Carl introduces himself to Raymond. Jane follows the two





men into Attorney Howe’s office.





“Do you mind if I sit in?” Jane asks. Raymond says it’s
okay.





Carl asks Raymond about the size of his estate and what





sort of agreement he wants to make. Jane interrupts.





“He’s going to give it all to me,” she says. “Isn’t that
right,





sweetheart?”





“I don’t know . . .” says Raymond. “What about my children





from my first marriage?”





“Now sweetheart, we talked about it,” says Jane. “Besides, I





promise I’ll give them everything after you die.”





“I know. I guess that’s okay. What do you think?” Raymond





asks Carl.





“Sounds okay to me,” says Carl. Carl doesn’t really know





much about antenuptial contracts or whether other documents





could be drafted which would make sure that Raymond’s





children ended up with his estate.





“That takes care of that,” says Jane. She stands up and





takes Raymond’s arm. “Thank you for your time, Carl. You’ve





been very helpful.”





Raymond and Jane leave arm-in-arm as Attorney Howe





returns from court. Carl meets him in front of the
secretary’s





desk and asks if he can have his paycheck for the week.





“What’s the balance in our account?” Attorney Howe asks the





secretary. She tells him.





“Hmmm,” says Attorney Howe. “Carl, we’re a little short





this week. I’ll have to write you a check out of the client





trust account. I can replace it next week when I get that
big





settlement check. Just don’t mention it to anyone.”





Attorney Howe writes the check and hands it to Carl

Expert:  M. Kennedy replied 2 years ago.
Is that the complete scenario? When do you need this? Any other requirements?
Customer: replied 2 years ago.

i need it by tommorow at 6pm... the requirements are that


Student should be able to recognize situations that giverise to the unauthorized practice of law and how to avoidit, identify situations and rules concerning confidentialityobligations, attorney/client privilege and work product,and recognize conflict of interest issues affecting bothlawyers and paralegals.....


 


 


You should describe all possible ethical violations that
occurred on that day, citing
(1) ABA Model Rules that apply and
(2) NFPA Ethical Considerations that apply


 


 



Explain what ethical violations Carl and/or Attorney Howe


 


made and cite the ABA Model Rule(s) and NFPA Ethical


 


Consideration(s) that apply for Friday’s events.


 


Review your comments for the five days and select one


 


example of an ethical violation. How would you have


 


handled this situation without violating any ethical


 


considerations?



 

Customer: replied 2 years ago.

will it able to be sent to anytime before 6 tommorow sir?

Expert:  M. Kennedy replied 2 years ago.

Hello,

Yes, I can have it done by 6 p.m. Central time

Customer: replied 2 years ago.
ok sir thankyou very much
Expert:  M. Kennedy replied 2 years ago.
YW
Expert:  M. Kennedy replied 2 years ago.
This is turning out to be more time consuming that I thought. I will not have it finished by 6 p.m. Would 10 p.m. be acceptable? Otherwise, I could opt out and let another expert help you. I'm sorry, I've been working on it for quite a while. There's a lot to look up.
Customer: replied 2 years ago.
ok sir ... just please it would have to be done by 10 ....is that a postive 10??.....i dont mind if thats the case
Customer: replied 2 years ago.
Sir are u almost there
Customer: replied 2 years ago.
Hello sir .... No word yet from u .... Is everything alright
Expert:  M. Kennedy replied 2 years ago.
I'm working on it. As I said, I'm running late it is taking more time than I though. I'm so sorry.
Customer: replied 2 years ago.
ok... umm are u almost there yet though, before midnight do u think it ll be done
Expert:  M. Kennedy replied 2 years ago.

Here is your paper. PLEASE let me know if there is anything else you would like me to do on this paper.

Paper

Customer: replied 2 years ago.

sir ...did u include this


 


Review your comments for the five days and select one


 


example of an ethical violation. How would you have


 


handled this situation without violating any ethical


 


considerations?

Expert:  M. Kennedy replied 2 years ago.
No, I'm sorry, I didn't get that. I will finish that right away and post it as a separate paper.
Expert:  M. Kennedy replied 2 years ago.
Since Carl is a Notary, he could notarize the signature of client, Jane. But she signed it when he was not there to witness her signing, which is a requirement. I would have asked the secretary to please call Jane and set up a time when she could come in and have Jane sign in front of me so that I could witness her signature and check her identification as required so that I could notarize it properly and not be deceptive.
M. Kennedy, Doctoral Degree
Category: Writing Homework
Satisfied Customers: 6009
Experience: B.A., J.D. degrees, former teacher, tutor
M. Kennedy and other Writing Homework Specialists are ready to help you
Customer: replied 2 years ago.
thank you soo much sir... i am sorry for the time rush and have greatly appreciated what you have done for me
Expert:  M. Kennedy replied 2 years ago.
Sorry I was a bit late. It was more difficult to keep looking up those rules than I thought. Good luck to you!
Customer: replied 2 years ago.
thank you sir very much
Expert:  M. Kennedy replied 2 years ago.
You're welcome. Please make sure you give me a rating of Good Service or Excellent, so that i will get credit for my work.
Customer: replied 2 years ago.
ok sir
Expert:  M. Kennedy replied 2 years ago.
Hope we can work together again!

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