Memorandum

To: PLS 101 Scholars

From: Dave Freeman

Re: Ethical Rules Assignments

We will be using the rules of ethics (the official title of the rules is Pennsylvania Rules of Professional Conduct) to answer questions throughout this course.

Using rules or other primary sources to find the answers to questions is an important function that a paralegal must master. When you first begin to try to find the answer to a question to a rule, it may seem confusing, overwhelming or impossible. Those reactions are normal.  Do the best you can and it will get easier – I promise! 

Below are some helpful hints and attached is your question to answer for next week. Your work will serve the basis for our discussion on ethics next week. Although I will not collect your responses next week, failure to come to class with a written response to the question and to be prepared to discuss this exercise will result in a five point deduction from your final grade. (Future assignments may be collected and graded or will be used for discussion. I will always let you know in advance how the assignment will be assessed.)

The Pennsylvania Rules of Professional Conduct  may be purchased in the bookstore for less than $2.00. If you cannot get to the bookstore before the next class, the rules are also available through Lexis. If you cannot activate Lexis account before next and you cannot get to the bookstore, the rules are also available on the Internet!

Be sure to show how the rule applies to the facts using complete sentences.

Below is a sample question and answer.

Question:

Molly, the attorney is representing Phil in a personal injury case. Molly is doing a great job for Phil, who is fully competent but a little odd. Just as the case reaches a critical stage, Phil decides to represent himself and fires Molly. Molly thinks this is a very bad decision and will adversely affect his case. What should Molly do?

Answer:

Since Phil is full competent, this situation is not one of a client under a disability and is not controlled by Rule 1.14 which deals with clients with impaired ability to make decisions. The applicable rule, therefore, is Rule 1.16 section (a) which states:

                        … a lawyer shall…withdraw from representation of a client if:

                        (3) the lawyer is discharged.

Molly must, therefore withdraw from representing Phil because he has fired her.

Helpful Hint:

Notice that the rule is clearly applied to the facts. Be careful not to merely cite the applicable rule and quote it. Be equally careful, not to just discuss this facts. Both of the following responses for the question above would be unacceptable:

1. Poor response number 1.

This situation is controlled by Rule 1.16 (a)  which states:

                        … a lawyer shall…withdraw from representation of a client if:

                        (3) the lawyer is discharged.

2. Poor response number 2.

Because Phil is fully competent, Molly has to follow his wishes and must stop representing him. If she continues to represent him, she is violating the rules.

Another helpful hint:

Some questions are very easy. Some are not so easy and may require that you look at more than one rule or that you consult the comments to the rules. You may have an easy question or hard question this week. Don’t worry, you will get other questions to answer for other weeks!

Yet another helpful hint:

Begin by flipping through the rules, without even looking at the questions. Get a sense of what the rules cover and how the rules are organized.

A final reminder:

This is an individual assignment. Do not work with anyone else on this assignment!

You have been assigned one of the following. Please do not do more than the question you were assigned!!

Ethics Question A

  Bob Blowhard, an attorney, meets Clement Crimson at a party.  Clement tells Bob that on that very morning he was fired from his job.  Without getting any additional information Bob tells Clement, “I can get you at least ten million dollars.  Come to my office first thing tomorrow morning to sign a retainer agreement.”  Clement is so excited about Bob’s promises that he barely sleeps that night. 

Were Bob’s statements ethical? 

Ethics Question B

Sam I. Yam is an attorney who hires Kno Experience as his paralegal. Kno is very bright and very much enjoys his work, but Kno not only has no experience, he has no training as a paralegal.  One day the Mayor comes to see Sam and confidentially reveals that he is leaving his wife to marry a stripper. Kno finds this so interesting that he tells all his friends about the Mayor.  Did Sam violate the ethical rules in any way by not training Kno regarding the rules of confidentiality?

Ethics Question C

Flashy Finelli is representing Bugsy Malloy who is accused of running illegal gambling operations.  The case is assigned to Judge Honor Less. Flashy tells Bugsy that for a payment of $10.000 the Judge will dismiss the case. Is Flashy doing anything unethical?

Ethics Question D

So Lazee is representing Molly McDonald in a person injury matter. In the three years her case is pending So never contacts her once.  One day he sends her a letter which states in part as follow:

            Please sign the enclosed release and settlement of the case. Once you do, you will receive $5,000 for the case.

There is no indication anywhere in the letter anywhere regarding why Molly should sign the release.  Molly was also concerned because she didn’t even know that a case had been filed on her behalf!

Has So violated any ethical rules?

Ethics Questions E

Harold, a prosecutor, prosecutes Sally for possession of illegal drugs. (A prosecutor is a government employee.)   Ten years later, Harold is in private practice and Sally wants to hire him to defend her on charges of prostitution. Can he ethically do so?