Question
Evaluate four different ethical scenarios that involve the Unauthorized Practice of Law (UPL), conflict of interest, confidentiality, and communication. Your evaluation will be based on
Evaluate four different ethical scenarios that involve the Unauthorized Practice of Law (UPL), conflict of interest, confidentiality, and communication. Your evaluation will be based on the Rules of Professional Conduct for New York State.
Respond to each scenario by addressing the prompts below.
- Explain which of the four ethical rules applies to each scenario.
- Identify and cite the specific language of the rule that applies.
- Analyze and explain what the attorney or paralegal in each scenario should do to avoid breaking the ethical rule.
- Analyze and explain the potential consequences to the attorney or paralegal if they violate the rule.
Scenario 1
Attorney Allen has represented both Mr. and Mrs. Anderson in the purchase of their home and in an automobile accident case that resulted in a lawsuit. Mr. and Mrs. Anderson have now contacted Attorney Allen and requested that he represent both of them in a divorce proceeding.
Scenario 2
A hearing in the Baldwin divorce case has been scheduled for next month. Neither Attorney Benjamin nor her paralegal notified their client, Mr. Baldwin, about the hearing.
Scenario 3
Paralegal Sam Jones is interviewing a new client, Mrs. Ford, about a potential child custody issue in her divorce case. At the end of the interview, Mrs. ford asks Jones, "What steps should I take to get full custody of my children?"
Scenario 4
Paralegal Erin Smith leaves the law firm that is representing Mr. English in a divorce case to join the law firm that represents Mrs. English. Her new office is located next door to the attorney who is handling Mrs. English's case.
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