You are working in a cubicle next to a paralegal with many years of experience, but with no formal training. Many times during the day you hear the paralegal tell clients how to respond to motions, what statutes mean, and the likely outcome of a case. You finally get the nerve to speak with the paralegal about her giving legal advice and engaging in the unauthorized practice of law. She responds by saying, “I’m not an attorney, so I can’t be disbarred. Nothing can happen to me.” What should you do? What are some of the consequences of her actions?
What will be an ideal response?
You should speak with your supervising attorney. Unless the other paralegal’s
supervising attorney has given her advice to relay to the client, she is giving legal advice. This
could adversely affect the client by “locking” the client into a position that the attorney may not
have considered or that could have an undesirable result. Even though the paralegal cannot be
disciplined by the bar association, her supervising attorney can be disciplined for her actions.
The attorney is ultimately responsible for the actions of his nonlawyer support staff.
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Sheila put some of her personal belonging in a Wal-Mart bag to carry with her while she walked through a local park. She often walked in this park even though it was known as a place where drug deals were made. As Sheila was walking, she was approached by a police officer and while he spoke with her, he casually took the Wal-Mart bag and began looking through it. Sheila protested, but the officer continued to look. The officer's actions were a violation of Sheila's constitutional rights because
A. she had a reasonable expectation of privacy in the bag and its contents B. the bag and its contents had an intimate relation to Sheila, its owner C. Sheila objected and the officer should have honored this by stopping the search D. both a and b E. both b and c
What is a numeric designation used for the court and the witness?
What will be an ideal response?
Most Chapter 7 liquidations are considered no asset cases which means that most of the debtor's assets are exempt from the proceedings, leaving no nonexempt property for the trustee to sell
Indicate whether the statement is true or false
________ of legal pleadings and documents is now implemented in many courts across the country
Fill in the blank(s) with correct word