Memorandum

To: Introduction to Paralegal Studies Scholars

From: David Freeman

Date: October 8, 2007                                                                                       

Re: Ethics Project

This project is due typed, double-spaced no later than 6:05 on October 23, 2007. Be sure to write in complete sentences and to fully answer all of the following questions. Spelling and grammar count!  I will count your best ten responses in calculating your grade on this project.

1.  Betty Boop who is going through a highly publicized divorce from the famous actor, Bo Boop, is represented by Hugo Ego, a high profile domestic relations attorney.  Through Hugo’s representation of Betty he learns several scandalous things about her and Bo.  Can he write a tell-all book when the case is over and include all of the salacious details he has learned about Betty? Can he reveal what he has learned about Bo? Fully explain.

2.  Ben White, a leader in the Klu Klux Klan has been indicated for hate crimes and wants to hire Sam Ethical, a prominent African-American attorney.  What do the ethical rules say about Sam taking the case?  Can he ethically do so? Do the ethical rules weigh in favor or against his acceptance of the case? Fully explain.

3.  Cici Pea, a college student, is having terrible problems with her wealthy, but abusive husband, Greene and wants to divorce him, but has no money to pay an attorney.  Goode Mann, an attorney genuinely wants to help Cici out and considers taking the case on contingency fee basis. Is this ethical? Fully explain

4.  Goode does decide to take Cici’s and she reveals to him that a year ago while high on drugs she severely beat her five year son.  Cici’s husband and the world think that her son fell down the stairs and the little boy has fully recovered from his injuries. Cici has not used drugs since that day, but Goode is concerned that the stress of the divorce proceeding may cause her to pick up the habit again, possibly endangering her son. Should Goode reveal what he knows about Cici?  Fully explain

5.  Suzy Newlawyer is defending Max who is accused of robbing a store with four other men.  Max has expressed to Suzy that although he was at the scene of crime, he did not commit the crime and they agree that he will testify as such.  Much to Suzy’s surprise when she puts him on the witness stand he lies stating that he was with his girlfriend at the time the crime was committed. What should Suzy do? Fully explain

6.  Tamika is representing Margie in a divorce action. Margie’s husband Stuart does not retain a lawyer and calls Tamika to discuss the division of marital property. Tamika tells Stuart, “Look you’re a nice guy so let me give you a little advice…You better let Margie have the house because if you don’t the judge will make you give up more.  If you were my client I’d tell you the same thing.”  Are Tamika’s statements ethical? Fully explain

7.  Patti, a paralegal, has numerous contacts in the community and is always sending cases to Howie, the attorney for whom she works. In the last year over half of Howie’s business has come from Patti’s referrals and she fells she should get a portion of the fees she has generated.  Howie is willing to give Patti 20% of all of the fees she has brought into the firm. Is this ethical? Fully explain

8..  Ted Darling, Esquire is thrilled when Reginald Badenough, the famous movie actor, asks Ted to defend him on charges that he brutally murdered his wife.  The case is one of considerably high profile with juicy details heading each morning’s papers for weeks on end.  Ted is sure that the case will make his reputation.  Unfortunately Reginald is flat broke.  Ted is so eager to take the case that he proposes to take the case on a contingency basis. If Reginald is fully acquitted he will owe Ted $3million dollars; if he is convicted of manslaughter he will owe Reginald $2 million dollars and if Reginald is convicted of first degree murder, Ted will get nothing. Is this arrangement ethical? Fully explain

9.  Jill Jones a prosecutor successfully prosecutes Belle Starr on charges of prostitution.  Ten years later Jill is now in private practice and Belle would like Jill to defend her on charges that she illegally dumped hazardous waste in a state park. Can Jill ethically represent Belle?  Fully explain

10.  Sam, an attorney was a non-neutral arbitrator, on a panel for a case in which Benny was the defendant. Benny lost the case and would like Sam’s partner, Thelma to represent him on appeal. Can Thelma ethically do so? Fully explain

11.  Hank, an attorney, is representing Cee Nile, in a civil litigation matter which, due to no fault of Hank’s, continues for several years.  A settlement offer is made, but in conveying the offer to Cee, Hank discovers that she is now delusional and unable to discern fiction from reality.  What should Hank so? Fully explain