Question 11. A lawyer will often be disqualified from a case if the case is substantially related to a prior representation in which the attorney represented the other side of the dispute.…
RULE: A [legal professional] shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraph…
The duty of the paralegal was only to do a prior conflict check and make the supervising attorney aware of the conflict prior to the interview. It’s the supervising attorney’s responsibility to obtain basic facts about the case and provide the paralegal with the basic information about the client. When the supervising attorney became aware of the conflict, it was his responsibility to make the client aware and let them know he’s unable to represent them because of her being a defendant in another suit. The attorney is wrong for trying to illegally gain information from the client first to help his case. If the paralegal decided to proceed with the supervising attorney’s request, she would violate the following according to NALA Code of Ethics and Professional…
Rule 1.9 includes the duties to former clients, and after the termination of a client-lawyer relationship, a lawyer has certain continuing duties with respect to confidentiality and conflicts of interest and thus may not represent another client except in conformity with this Rule. (ABA, n.d) The provisions of this Rule are for the protection of former clients and can be waived if the client gives informed consent. This rule is important for lawyers because they still have an obligation of confidentiality to their former clients, and the lawyer cannot reveal anything the former client had said unless the client gives consent to do so. The former client cannot be an example for the new client, and cannot be treated the same as the former client was.…
Michelle would not fall under the “umbrella of,” that she has now by working directly under the guidance and supervision of the attorney. This is according to the case of Mickel v. Murphy (1957) 147 Cal.App.2d 718, 721. She is also in violation of the law according, to the case of Anderson (1987) 79 B.R. 482, 485. In summary, of when a paralegal is, “assisting with bankruptcies answered legal questions and assisted in legal decisions, all of which acts "require the exercise of legal judgement beyond the knowledge and capacity of the lay person.” Michelle has stepped outside her boundaries and would be in violation of the…
17. Does a client have an attorney-client privilege regarding information given to a paralegal during the preparation of a case?…
Accordingly to Dr. Michael V. Miranda’s article “The Seven False Beliefs: Addressing The Psychosocial Underpreparedness Of The Community College Student” he argue that community college students not college ready due to the seven false beliefs his main focus is on the personal characteristics, persistence, and academics success as a student learns about themselves which makes the process of getting a better education. My overall reaction is that the teachers knowing the student’s personality could help them with the steps of getting through college successfully without noticing that they were unprepared like they are quick or slow learners what makes them want to give up also make it easier for them.…
ethical and legal to represent the client. They are expected to defend both innocent and guilty…
Every paralegal must follow the same rules that apply to a professional attorney. A Paralegal cannot give legal advice nor can they give any legal opinions or represent a client before a court. Confidentiality of Information is also a major rule, because Paralegals are advised not to discussed with anyone outside of the legal firm. This also means you cannot have any vague discussions with a spouse or friend. Once your a Paralegal you must always disclose your status as a paralegal, to a client another attorney, and any court representative.…
Attorneys have the American Bar Association to enforce their ethical behavior, likewise paralegals have their own associations. “Two major legal assistant organizations that provide an ethical code for their members are the National Federation of Paralegal Associations (NFPA) and the National Association of Legal Assistants (NALA)” Id. At 36. Under no circumstances should a paralegal misrepresent themselves as a lawyer. If they do they are committing the unauthorized practice of law. Ethical guidelines differ from state to state.…
Michael AdairKriz WCL 2351 1 March 2010 Third Journal As I read through Edward Said’s “Orientalism,” it became clear that like everyone else, the West also had many prejudices and preconceived notions about people from the other side. It’s important to realize that Edward Said will be regarded as one of the most respected thinkers and cultural critics of our time. I have yet to finish his book but many of Said’s ideas are very clear even before finish his book. According to Mr. Said, differences should be respected and understood without coercion and/or duress. We must try our best towards achieving a good and reasonable understanding of other cultures and people from across various backgrounds. When Christopher Columbus arrived in what is presentday Haiti, he was greeted by the native people who had brought all sorts of gifts and goods to trade, in addition to food for the crew and the captain onboard Santa Maria and other ships. This gesture of kindness however was soon to have been punished severely. The natives were captured and taken as slaves aboard Columbus’ ships. Christopher Columbus’ insatiable lust and appetite for gold and its conquest caused much bloodshed and resulted in many massacres. The pillaging and plundering of native lands and its people has been much overlooked by the mainstream historians who end up being studied by the public education systems across the United States.…
In spite of the fact that this misinterpretation is gradually dissolving because of training and "neediness" turning into a hotly debated issue in legislative issues and conventional media circuits, many Americans stay unconvinced that destitution exists. To the individuals who know the substances of destitution and the seriousness of the problem in America, it is presumably mind boggling that this confusion is still a typically held conviction.…
Spoofing is used to hide the true source of packets or redirect traffic to another location. Spoofing attacks:…
Criminal lawyers are regularly provided incriminating and sensitive information. The rules of professional conduct in all jurisdictions mandate that they keep client information confidential. This means they have a responsibility to share no private client…
4. The conservative, prejudiced Supreme Court judges are too stupid to recognize the rights of the accused.…