Course Hero Help - Google Docs X C A docs.google.com/document/d/1YmLDyWHuOh4uJK2-HqN9AANaqHkCglpZeZUNtUpvKm4/edit Course Hero Help * Share File Edit View Insert Format Tools Extensions Help Accessibility Last edit was seconds ago 100% Normal text Arial - 11 + B J U A . CO P O = = = BE X B . E . EEXO. . = Table options Editing A 31 True-False Section Make Sure Your Answer is Clearly Communicated - if using a computer, feel free to underline OR highlight your Answer with a color. 1. Violating a Rule of Ethics always gives rise to a legal malpractice civil suit. T F C 2. The branch of government regulating the legal profession ethics rules is the Judicial branch T F 3. A paralegal can obtain a paralegal license T F 4. In Michigan, it is unethical for a lawyer to place an advertisement in a publication touting the true fact that she was recently designated as a "Super Lawyer" based on votes by her peers. T + 5. The majority of paralegals work in areas other than civil litigation. T F 6. Court-awarded fees may never include paralegal time. T F 7. Lumping all of the names of the attorneys and paralegals in a firm without distinction (by title) is not a violation of any Ethics Rules T F ALSO: Make sure your answer is LEGIBLE. (If generating answers by computer, feel free to create space under each question and insert your answer. If not using a computer, provide your answers on separate paper and be sure to indicate the number you are answering.) 8. (6 pts - 2 pts each) Is the following protected by an evidentiary privilege - DISCUSS FULLY, including the particular privilege, if any that may or may not apply with full explanation. If no privilege attaches, explain. Client's email for the purpose of legal advice sent to attorney and attorney- supervised paralegal using the email system of the client's employer when the employer has an express policy against using company email for private purposes and makes clear every time employees sign-on that employee e-mail messages are not private. +Course Hero Help - Google Docs X C A docs.google.com/document/d/1YmLDyWHuOh4uJK2-HqN9AANaqHkCglpZeZUNtUpvKm4/edit Course Hero Help * Share File Edit View Insert Format Tools Extensions Help Accessibility Last edit was 2 minutes ago 100% Normal text Arial - 11 + B I U A / C P . = = BEX B . BEEXO. . = Table options Editing 31 19. . . .7 C 9. For a-d below, identify (i) the ethical duty at issue (remember activities of paralegals that violate ethical duties are imputed to the supervising attorney); (ii) the particular aspect (element) of that duty implicated; and (iii) whether, in fact, there has been a violation: a. At issue is a response to an interrogatory served in a simple negligence case alleging that the Defendant breached duties of care in remodeling a small bathroom in the Plaintiffs' home. Specifically, the Interrogatory at issue is served + on the Plaintiffs asking the Plaintiffs to: "Identify and describe each sum of damage you claim has resulted from each alleged act or omission by the Defendant you claim in your Complaint constitutes delay, poor workmanship or failure to perform." In response, the Plaintiffs' counsel files and serves the following (prepared Pat Paralegal at counsel's instructions) Plaintiffs object to this request as vague, privileged, confidential, work product, ambiguous, overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. In further answer, this information is contained in documents which are being provided with this answer - see Banker Box Marked "EX E". Banker Box Ex E contains 2000+ pages of documents - most of which have no relation to the bathroom remodel project. 6. Pat is a recent paralegal graduate and has joined a law firm as a litigation paralegal. Supervising Attorney asks Pat to draft a motion to dismiss an antitrust case recently filed against the client. Pat has no idea how to begin and knows little about anti-trust law or litigation. Pat Paralegal fails to docket the deadline for filing the client's answer to the complaint filed against it, resulting in a default judgment against him. d. Pat Paralegal includes the wrong provision in drafting a settlement agreement as the result of a cut-and-paste error. 10. Pat Paralegal, at the instruction of Supervising Attorney, shreds documents they both know are discoverable through discovery. a. Is this ethical conduct - DISCUSS FULLY (e.g., the ethical concern(s)/rules implicated)? +Course Hero Help - Google Docs X C A docs.google.com/document/d/1YmLDyWHuOh4uJK2-HqN9AANaqHkCglpZeZUNtUpvKm4/edit Come Here Help * 8 6 Share File Edit View Insert Format Tools Extensions Help Accessibility Last edit was 2 minutes ago 100% Normal text Arial 11 + B I U A . G P O . = = = 13 X B . E. EXO. . = Table options Editing 31 11. USE THE FOLLOWING FACTS TO ANSWER THE SUBPARTS BELOW: In assessing whether there was a good faith basis for filing a breach of contract complaint on behalf of the firm's client, Supervising Attorney asked Pat Paralegal to review the facts under existing Michigan contract law and draft a memo on this point. However, without reviewing the facts or law, Pat drafts and sends an email stating C that he discovered no adverse facts or law against filing such a claim. The claim is filed BUT it turns out that, had Pat, investigated the facts, he would have discovered + that, from the first instance, there was no factual basis for the breach of contract claim. The case is dismissed by motion filed by the opposition. The opposition thereafter files a motion for sanctions and threatens to grieve Supervising Attorney. a. Identify the MICHIGAN Court Rule(s), if any, supporting the motion for sanctions and whether or not it should be granted b. Identify the ethical duty and rule violated and related remedy implicated. c. Explain fully whether Supervising Attorney can successfully defend against sanctions or any ethics grievance by blaming all of the above conduct on Pat Paralegal. 12. (3 pts) USE THE FOLLOWING FACTS TO ANSWER THE QUESTION BELOW: Pat Paralegal was sent by her supervising attorney to conduct a factual interview with a potential fact witness who is not represented by counsel. At one point during the interview, Pat suddenly realized that the witness seemed to believe that Pat was an attorney, and that Pat's Firm was representing him. QUESTION: Does Pat owe any legal and/or ethical obligation here? - If so, IDENTIFY any and all such obligations AND what should he do to comply with them. DISCUSS FULLY