Memorandum To: Reader From: (paralegal) Re: Mildred and Cliff have 3 acres of land in question where Cliff’s fence takes up her property for dispute. Mildred has a deed executed 40 years ago and Cliff’s claims he is the adverse possessor. Mildred of Ohio organized her estate plan and had a survey done on her home; realizes that her neighbor Cliff’s picket fence is 3 feet on her property line. Mildred has a deed executed over 40 years ago showing she acquired the
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Unit 1: Internal Memorandum judgenjurysherry Kaplan University TO: From: Sherry Metz‚ Paralegal Date: 31 March 2015 Re: Shirley Uber Caretaker Ms. Shirley Uber Caretaker is a 56 year old woman seeking counsel regarding a potential disability Claim. Mrs. Caretaker is a widow‚ who has worked since she was 16 years old. Mrs. Caretaker has been employed as a janitor‚ bagger‚ cashier‚ CNA and worked her way through school to become an LPN. The following facts are relevant to her
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You are presently working as a paralegal in a large law firm in San Diego‚ California. Your supervising attorney‚ Janet Jones‚ has called you into her office. Janet just finished an interesting meeting with some potential clients. Rob and Bunny Sherman have a 15-year-old son named Rob Jr. Rob Sr. and Bunny want to bring suit against the Church of the Divine Light. It is similar to the Church of Scientology‚ but not actually related to any one‚ organized church. The parents allege that Rob Jr. was
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My discourse community that I chose is law. I chose this direction because law is something I’m passionate about. Whether it be defending the rights of an individual‚ or an entire business‚ this is something I see worth doing. Sometime this year‚ I met a friend that shared his passion for law with me. He chose law because of the fifth amendment‚ stating‚ “everyone has the right to not self-incriminate oneself. For example‚ when the government knows you have a document that is self-incriminating‚
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FROM: William George (Paralegal) File No.: #PA13579 RE: Client Mickey McDivet’s Social Security Claim March 19‚ 2012 INTERNAL MEMORANDUM
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- Involving new hire paralegal Carl and the law firm Dewey‚ Dewey and Howe. MONDAY--- The Violation committed by the attorney on that day was ABA Model Rule 1.3 Diligence and Promptness for lawyers--this occurred in the manner that the lawyer did not act with reasonable diligence and promptness in representing a client‚ as the lawyer was not even present or aware of the case in that matter. The Violations committed by the paralegal on that day are; The Paralegal failed to present Him/Herself
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Law: The paralegal and UPL Polly Paralegal finds himself in an ethical dilemma when Mr. Stan Smith asks him “Do the grounds for divorce in North Carolina include adultery?” A day later‚ the wife of Stan Smith asks if she has grounds for divorce in the same state because her husband has committed adultery. If Polly Paralegal answers that question for either one of his friends he will be committing UPL or Unauthorized Practice of Law. The consequences for UPL can be devastating to a paralegal and the
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other services. It is outside the paralegal’s scope of practice to deal with matters involving wills or family law‚ including divorce. This was a direct violation of the Paralegal Rules of Conduct‚ “A paralegal shall not advertise services that are beyond the permissible scope of practice of a paralegal” (Rule 8.02(3). As a paralegal‚ it would be important for Jane Jones to avoid misleading any potential clients so that they do not assume that she is a lawyer. Jane Jones’ business name would have also
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where to sign a legal document. As simple of a question as it seems‚ this has a lot of responsibility pertaining to the lawyer and not the paralegal. The main reason why is because the legal rights of a client may be affected since the client may have to indicate representative capacity (Goldman and Cheeseman 44) 5. How can the paralegal avoid UPL? The paralegal can avoid UPL by informing clients and other parties that they are not lawyers (Goldman and Cheeseman 45). Most notably the
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contempt of court and writs of quo warranto are some of the actions states take for those who commit UPL. Paralegals or legal assistants are “a distinguishable group of persons who assist attorneys in the delivery of legal services”. They are not licensed to practice law. In the scenario giving‚ Polly Paralegals response is the only thing that can determine if she has committed UPL. If Polly Paralegal responds to Mr. Smiths question by stating “Yes‚ Mr. Smith in the state of North Carolina adultery has
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