Ethics

Unit 8 Project: Peter Paralegal’s Pickle

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Kaplan University

PA253- Ethics

April 21, 2015

PETER PARALEGAL’S PICKLE

Peter Paralegal was tasked by his supervising attorney to interview two new clients to the Honest Law firm. Both Big Box Discount Shoppe (“Big Box”) and Value Mart have injury cases they would each like the Honest Law firm to represent them in. Peter is to obtain information to ensure no conflict of interest exists, as well as complete six (6) additional tasks. The question is should he? Is he violating rules of ethic, any of the ABA Model Rules of Professional Conduct, and possibly committing the unauthorized practice of law (UPL)?

Preparing the initial interview questions for Big Box and Value Mart is within Peter Paralegal’s acceptable job duties and does not created any ethical violations as long as his supervising attorney reviews all his work. ABA Model Rules of Professional Conduct (ABA Rule) 5.3 (b) states: a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer. Simply by creating interview question, Perry would not be practicing UPL. Orlik, D. (2014)

Perry’s second task is to create fee agreement documents for both new clients. This is a little trickier. Can Perry prepare fee agreements in their physical form of paperwork? Yes, paralegals are authorized to draw up documents for attorneys, but can Perry decide what fees to charge, how much, and what they will cover? Absolutely not. ABA Rule 1.5 prohibits nonlawyers from setting fees or accepting cases. Perry’s supervising attorney would have had to determine those items and directed Perry as to what information to incorporate. If Perry were to make those decisions and draw up the fee agreement without his supervising attorney’s specific direction, Perry would be committing UPL, for which his supervising attorney will be held responsible...