Question
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
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.
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