Question
For this, you will read the scenario below and provide a response to the attorney. Scenario: June is a new client. You recently interviewed June,
For this, you will read the scenario below and provide a response to the attorney.
Scenario:
June is a new client. You recently interviewed June, and you are concerned that she may have experienced some legal ethics issues in her previous representation. June explained that she was represented by a public defender(Attorney A) who has more than 400 open cases. The public defender never spoke with or met with June, and the public defender told June to accept a pleas bargain without explaining the concept to her first.
June was attacked while in prison, and she hired a private law firm (Law Firm 1) to represent her in a lawsuit against the attacker. Her new attorney (Attorney B) provided her with little direction on the case. The assigned paralegal (Paralegal C) provided June with extensive legal advice, however. At one point Paralegal C told June that she was cutting her legal fees in half because she felt she was being overcharged. June also realizes that Attorney A was once married to her attacker, and she is concerned that there is potential issue with this.
June won the lawsuit against her prison attacker and she is currently out on parole. June is seeking to appeal her case and wants to know if she can sue Attorney A for failing to represent her effectively. Paralegal C was not sure of this question, so she posted June's name, situation, and legal question on a private Facebook group chat for paralegals. A paralegal from another firm (Paralegal D) called June and provided her with direction on how she can sue Attorney A.
Frustrated with Law Firm 1, June hires Law Frim 2. Law Firm 2's leader attorney (Attorney G) promises to take the case on a contingency fee basis. Attorney G also promises to June, "You will win this case, there is no chance you will lose this case. I guarantee it." Attorney G advertises on billboards and cell phone advertisements, and he often uses the quote "I promise you will win."
June looks over her attorney's fees from Law Firm 1 and realizes that she is billed for work completed on June 4 at noon by the attorney (one hour of legal drafting) and also for one hour of work completed by a paralegal at the firm. She sees that the work consists of the exact same work and that she is being billed twice for the same work. She is concerned that this fee is incorrect.
After reviewing June's case, draft a brief internal office memo (internal note) to the supervising attorney explaining the following legal issues.
* Number each legal ethics violation or suspected violation
* Label the violation (confidentiality breach, UPL, legal fee violation...)
* Provide an explanation of how the violation or potential violation can constitute an ethics ssue and why
* Provide any rule or model rule that is applicable to the violation
Each submission should contain an analysis of at least five (5) violations and no more than seven (7) violations.from this scenario.
The format need only include the following:
Heading:
To: Supervising Attorney
From: Your Name
Date: XYZ
RE: June Keller, new client/Ethical analysis
Analysis:
* Number each legal ethics violation or suspected violation
* Label the violation (confidentiality breach, UPL, legal fee violation...)
* Provide an explanation of how the violation or potential violation can constitute an ethics ssue and why
* Provide any rule or model rule that is applicable to the violation
Each submission should contain an analysis of at least five (5) violations and no more than seven (7) violations.from this scenario.
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