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008022 Graded Project Thinking Critically About Ethics (penn

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foster,paralegal studies.) In this graded project...
008022 Graded Project Thinking Critically About Ethics (penn foster,paralegal studies.)

In this graded project, you’ll be asked to review a scenario
involving a paralegal working in a law firm, and identify the
ethical rules the paralegal and/or the attorney violated.
Carl recently completed his training to be a paralegal and
has taken a job with the law firm of Dewey, Dewey, and
Howe. We’ll observe Carl during his first week at work to
see how well he learned the rules about legal ethics.
At the end of the narrative for each day, you’ll be asked for
“Comments.”
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
It is not necessary to write out the rule and ethical consideration.
Just provide the applicable number and section which
identifies the Rule(s) or Ethical Consideration(s).
At the end of this booklet, you’ll be asked to provide your
comments for each day. Write or type your answers. When
you’ve completed all sections of the project, send in your
answers to the school for grading. Please send in hard copy—
do not send your answers on disk.
Refer back to your Ethics and Professional Responsibility
study unit to help you respond to the scenarios.

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.

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 is Carl Jackson,” says Carl. He shakes hands with
the woman.
“I’m Jane Smith 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.

“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.

“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, Mr. Brown. I’ll have Attorney Howe phone
you when he returns and he will let you know if he can take
your case.” Carl hangs 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?’”

“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.

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 is Sally Brown. Are 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 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.

“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.
“Carl Jackson for Attorney Howe. That’s to be heard.”
The judge nods and Carl sits down. In a few moments,
Attorney Howe arrives.

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.

“Thanks!” says Carl. “It’s been a great first week!”
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?

Student Expectations for This Project
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.












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<p>Penn Foster Paralegal Studies.</p>
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