Will a trust fail for lack of a trustee? May a trustee be a corporation or other legal entity that is not a person?
What will be an ideal response?
A trust never fails for lack of a trustee. Most trusts provide the terms under which a trustee may be appointed if the trust finds itself without a trustee. If necessary a court may also appoint a trustee.
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Kara became a legal assistant after working as a legal secretary for many years in a general practice law office. After she received her legal assistant degree where she felt she could have taught the classes at times, the firm placed her name on letterhead, gave her business cards, and put her name on her office door. In each instance it was clearly identified that she was a legal assistant
Kara felt she could prepare wills and simple deeds in her sleep, because she had typed so many of them in her secretarial days. Although her boss was not involved, she was sure her boss appreciated her taking care of these things for some of the regular clients, who often praised her ability and were glad her hourly rates were so much less than a partner's hourly rates. Because she was so well known in her local legal assistant organization, Kara often was asked to speak at seminars and at some of the legal assistant classes. She always took this opportunity to brag about her firm, its areas of practice, and some of its larger clients. Once she even defended a client's good name, using information she learned from letters and memos between the client and her attorney. From time to time, she receives job offers from other firms. She thinks if her office really appreciates her, they could split some of the fees with her from the cases on which she worked. She plans on mentioning this idea to the office manager. Which of the following acts are violations or are potential violations of ethics by Kara or by the firm she works for? A. Including Kara's name on letterhead, Kara's final preparation of wills and deeds without supervision of the attorney, splitting fees on certain cases with Kara, and allowing Kara's name to appear on her office door B. Kara's final preparation of wills and deeds without supervision of the attorney, splitting fees on certain cases with Kara, Kara's discussing some of the firm's larger clients in public, and Kara's defending a client's good name by using inside information C. Allowing Kara to have business cards, Kara's speaking at legal assistant classes without an attorney present, Kara's defending a client's good name by using inside information, and allowing Kara's name to appear on her office door D. Including Kara's name on letterhead E. Kara's final preparation of wills and deeds without supervision of the attorney, allowing Kara to have business cards, splitting fees on certain cases with Kara, Kara's speaking at legal assistant classes without an attorney present, Kara's discussing some of the firm's larger clients in public, Kara's defending a client's good name by using inside information, and allowing Kara's name to appear on her office door F. None of the above
Joan has children from a previous marriage. She also received a fairly generous inheritance from her first husband. After five years, she is now contemplating remarrying. She is older and wiser, and she knows that there are no guarantees. What should she do to make sure her children are protected?
What will be an ideal response?
How can a timeline be used during the initial fact gathering phase of a case?
What will be an ideal response?
The standard for defamation is that:
a. The defamatory statement or material must tend to lower the plaintiffs reputation in the community. b. The defamatory statement must expose the plaintiff to hatred contempt or ridicule. c. Either a or b. d. Neither a nor b.