Question
Question #3: Hanna is a family law paralegal with ten years of experience. She works very independently and really knows the process well. Her friend,
Question #3:
Hanna is a family law paralegal with ten years of experience. She works very independently and really knows the process well. Her friend, Isabel Chen, wants to file for divorce. She and her husband, Jim, do not have any children, both work and have good benefits, and together they own a couple of pieces of property. Isabel asks Hanna to help her do the divorce papers because Isabel and Jim don't want to pay a lawyer to do it. It seems like the situation is not contentious and that the couple will be able to end the relationship without a fight.
- What should Hanna do?
- To what extent, if any, can she help Isabel and Jim?
- Can she advise them how to proceed?
- Can she help them fill out the paperwork? Fill it out for them?
- Can she draft a settlement agreement for them?
- If she helps them and the court finds an error in her work, what are the consequences?
- If she helps them and the situation becomes contentious between them, what happens?
- Can Hanna be called to testify about what she knows about them if they end up in court? (Note that this question is asking about whether the clients' confidences are protected by the attorney-client privilege.)
Question #5:
Laura Lane is a business litigation paralegal for a firm that handles construction litigation. A prospective client comes in to see an attorney, Mary Moore, who is tied up in court and asks Laura to interview the client. The client, Nathan Allende, tells a story about the faulty construction done on the remodeling of his kitchen. He asks Laura, "Do I have a good case?"
- What should Laura say?
- He also asks: "Can I handle this myself, or do I need an attorney?"
- Laura is certain that Mary will want to take the case and that Nathan will get some compensation for damages. How should Laura answer each of Nathan's questions?
- Can Laura get Nathan to sign an agreement for Mary to represent him?
- Can Laura tell Nathan what kind of fee agreement Mary would normally make with a client in a case like this? What ethics rules are implicated?
- Does it make any difference if Laura and Nathan are friends?
Bonus [Worth up to 10 points]:
In the case you read this week,People v. Landlords Professional Services, 215 Cal.App.3d 1599 (1989), how did the court define "practicing law" [3 points] and how the actions of LPS constituted the unauthorized practice of law [7 points]
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