Question
Cite the particular MD Attorneys' Rules of Professional Conductfor authority to your response. ABA Model Rules and paralegal association ethics rules are irrelevant here. ALL
Cite the particular MD Attorneys' Rules of Professional Conductfor authority to your response. ABA Model Rules and paralegal association ethics rules are irrelevant here.
ALL WRITING SUBMISSIONS MUST COMPLY WITH THE IRAC METHOD OF ANALYSIS.
Ana is a paralegal who works for a Baltimore, MD law firm with an exclusive intellectual property law practice. Ana has worked for this law firm for many years and has developed quite an expertise in intellectual property law matters. Ana's work is spectacular and the law firm's attorneys consider her a valuable asset to the legal team. Among Ana's duties is the maintenance of client relations, preparation of applications for patents, trademarks, copyright filings, and assistance with trial work. Ana's work is so good that her supervising attorney rarely if ever has to make any corrections to her work product before signing off on it.
The attorney who has been supervising Ana has a family emergency and has to take extended open-ended leave from the firm to manage the family crisis leaving Ana without a supervising attorney. Ana continues to work on her assignments as before for several months Concerned that she has no supervising attorney, Ana brings the matter to the attention of the managing partner of the law firm. The managing partner who knows of Ana's good work is not too concerned but eventually assigns a new attorney to the firm to supervise Ana. The new lawyer has very little practical experience in intellectual law matters and is learning as she goes along in the position. Along with her other duties, Ana now spends a good portion of her time tutoring this new attorney in intellectual property law matters.
a) Based upon the facts given, do any of Ana's activities violate the rules of ethics? If so, which rules?
b) If Ana makes any mistakes, can she be sued for negligence? Who bears the responsibility for Ana's work... the law firm; Ana personally; or both the firm and Ana?
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