regarding his presence or direct supervisory responsibilities. In hindsight‚ Attorney Howe could be indirectly contributing to the unauthorized practice of law due to his gross negligence to supervise his paralegal. ABA 5.3 (A)(B)(C). – Attorney Howe did not make reasonable efforts to supervise his paralegal. Mr. Howe knew that Carl was inexperienced in the firm as a “new-hire and should have practiced due diligence in his supervisorial duties. Attorney Howe failed to give clear guidelines and did not
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written by Harriet Jacobs focused on the racial equality; “The Speech of Miss Polly Baker” written by Benjamin Franklin focused on gender equality. Both of their lives are heavily affected by the unfair treatment of the laws. Even though “The Speech of Miss Polly Baker” is a fictional story‚ it still depicts the
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1. Assignment for the benefit of creditors – the assignment of assets to a third party‚ in trust‚ to sell the assets and apply the proceeds to the payment of creditor claims. 2. Bankruptcy alternatives- assignments for the benefits of creditors‚ bulk sales‚ and composition agreements. 3. Bankruptcy Code- the name of the bankruptcy laws in effect in the United States since October 1‚ 1979. 4. Composition Agreement- an agreement between a debtor and multiple creditors for the repayment of
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In 2015 I made the difficult decision to leave my career as a paralegal working in family and defense criminal law and return to school. My profession as a paralegal was rewarding for years‚ however I desired to leave a larger influence on my family‚ my clients‚ my community‚ and in the world. The various hats I have worn throughout my life inspired the decision to return to school. As I explored my options‚ the field of social work checked all the boxes that I knew would assist me in my overarching
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BUILDING MY CLIENT FILE PA299 Associates Capstone in Paralegal Studies David Barnes Kaplan University April 02‚ 2013 Table of Contents I. Post Interview Memorandum (02/12/2013) II. Case Briefs (02/19/2013) A. Duggan v. Hallmark Pool Mfg. Co.‚ Inc. 398 N.W.2d 175 (1986) B. Jon Kevan Chown v. USM Corporation (Farrel Company Division) 297 N.W.2d 218 (1980) C. Karen K. Wadle v. Frank W. Jones and City of Des Moines‚ Iowa 312 N.W.2d 510 (1981) III. Documents
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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 grounds for a divorce.”‚ then yes Polly is committing UPL. Polly would be using her
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UPL for Polly Paralegal when they both called her. Mr. Smith called Polly Paralegal to see what the grounds for a divorce are in North Carolina. He didn’t get ahold of her so he left her a message on her answering machine. Later that day Mrs. Smith calls and leaves a message on Polly’s answering machine also‚ asking if she has grounds for a divorce in North Carolina because she found out her husband committed adultery. There are a couple of issues here. The first issue is if Polly Paralegal contacts
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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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In order to complete this assignment we must first recognize what Unauthorized Practice of Law is when it comes to paralegals. There is no set definition on what UPL is but as a paralegal there are guidelines to go by. Some ways they can violate the practice of law would be an individual holding themselves as an attorney when they are paralegals‚ giving legal advice as an attorney would‚ or representing clients in a court of law. All of the previous are violations and can be subject to several
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Unauthorized Practice of Law Facts: Mr. Stan Smith calls his friend‚ Polly Paralegal‚ and leaves a message asking‚ “Do the grounds for divorce in North Carolina include adultery?” Later that day‚ Mrs. Stan Smith calls Polly Paralegal and leaves a message asking‚ “Do I have grounds for divorce in North Carolina? I just found out that Stan committed adultery.” INTRO: QUESTION 1: If Polly Paralegal answers Mr. Smith’s question‚ will she have engaged in the unauthorized practice of law? Explain
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