Read the following article and answer the three questions.  You may turn the answers in next week.

You may use the rest of your time to catch up on work.

research this page 235 due at end of period

Attorney advertising

Find FIVE attorney advertisements and print them out.  Divide them into good and bad.  Explain, in a brief written explanation, why you think they are good or bad.

Do WRITE AWAY page 225.  Write a persuasive brief to your local paralegal association.

Assignment for today:

1.  Find at least one California statute on dilatory tactics (delaying tactics or tactics designed to frustrate settlement).  Print it out.

2.  Find a case that cites that statute. Print it out and read it.  Summarize the case IN WRITING.

3. Find a secondary source citing the case or statute.  Print it out.

attach it all together and submit.

We are watching "A Civil Action".  Your assignment is to identify any potential ethical violations in the movie.

Sign into Westlaw.

Read the following case and write a brief summary of this case. The case is the fifth case found on the search list.

explain what retaliatory discharge is.

explain what constructive discharge is.

1. Find a California case describing a situation a "conflict of interest" and give the citation and a paragraph summary.
2. Find a California case describing an example of a "permitted disclosure".  Give a citation and a paragraph summary.
3. Find a California case about a conservatorship or guardianship with the term "diminished capacity" being used in it.  Give a citation and a paragraph summary.
4. Find a California case about a conservatorship or guardianship with the term "mandatory withdrawal" being used in it. Give a citation and a paragraph summary.
5. Find a California case about a conservatorship or guardianship with the term "permissive withdrawal" being used in it. Give a citation and a paragraph summary.

Please read chapter seven, do any work in the syllabus.

Interesting link showing some advertising here

Find three cases on westlaw from California, preferably on the misappropriation of funds in a client trust account.  Summarize each case in a paragraph and explain the result.  Explain if you think it was fair and why.

THEN find no less than three examples of attorney/client fee agreements.  Read them carefully and write a paragraph on each one describing what it was for, where you got it, and if you have any questions or comments, add those as well.

DUE THURSDAY BEGINNING OF CLASS.

Do "research this" page 126

Question 1 2009
Betty formed and became president and sole shareholder of a startup company,    
ABC, Inc. (―ABC‖), which sells a daily on-line calendaring service.  ABC retained
Lucy, a lawyer, to advise it about a new trademark.
As ABC was very short on cash, Lucy orally proposed that, in lieu of receiving
her usual $200 per hour fee, she could become a 1% owner of ABC.  On behalf
of ABC Betty orally agreed.  Lucy performed 20 hours of legal work and received
her ABC stock shares.  Years later, Lucy would sell her shares back to Betty for
$40,000.
While Lucy was performing legal services for ABC, she discovered certain
representations by ABC that were false and misleading and caused customers to
pay for services they would never receive.  She reported her discovery to Betty,
who told her to ignore what she had found.  After Lucy finished her legal work for
ABC, she reported the false and misleading representations to a state consumer
protection agency.
Betty sold all of her interest in ABC, including the shares previously held by Lucy,
and formed and became president and sole shareholder of another startup
company, XYZ, Inc. (―XYZ‖).
After Lucy had finished her work for ABC and closed that file, she was retained
by a new client, Donna, in a trademark dispute with XYZ.
What ethical violations, if any, has Lucy committed?  Discuss.
Answer according to California and ABA authorities.


Question 2 (five) 2012 feb
Attorney mailed  a  professional  announcement  to  several  local  physicians,  listing  his
name  and  address  and  his  area  of  law  practice  as  personal  injury.  Doctor received
Attorney’s  announcement  and  recommended  that  her  patient,  Peter,  call  Attorney.
Peter had become very ill; he thought the cause was breathing fumes from a chemical
company near his home.
Attorney  agreed  to  represent  Peter  in  a  lawsuit  against  the  chemical  company.  At
Attorney’s request, Doctor agreed to testify as an expert witness on Peter’s behalf at the
trial.  Attorney  advanced  Doctor  expert  witness  fees  of  $200  an  hour  for  her  time
attending depositions, preparing for trial, and testifying.
Attorney  learned  in  discovery  that  numerous  scientific  studies  had  failed  to  find  any
medical risks from the chemical company’s fumes.  Doctor was nevertheless willing to
testify,  on  the  basis  of  her  clinical  experience,  that  the  fumes  had  harmed  Peter.
Attorney  did  not  know  whether  Doctor’s  testimony  was  true  or  false.  He  offered
Doctor’s testimony at trial, and Peter won a judgment.
After the trial, Attorney sent a $500 gift certificate to Doctor, with a note thanking her for
recommending that Peter call him.
What, if any, ethical violations has Attorney committed?  Discuss.
Answer according to California and ABA authorities.

Your assignment for today, do "Surfs' up" page 98.

Here is a link on the difference between legal advice and legal ethics.

we took an open book test today on chapters 2 and 3.

Your assignment for Thursday, (and if you finish quiz early in class) is to write a brief memo to your attorney explaining what the ethical duties are for an attorney who knows his client intends to commit perjury at trial and informs the attorney he/she intends to do so.

Answer according to CALIFORNIA LAW.

Today's assignment is based on chapter three and is in two parts:

Part one:

Using Westlaw, find

1. A California case in which an attorney is accused of failing to act with competence.  Write  a brief summary of the case and the ruling.

2.  A California case where the attorney is accused of failing to act with diligence.  Do the same as 1.

3. A California case in which an attorney's failure to communicate gives rise to liability.  Do the same as 1.


Part two: do "Spot the Issue" on page 70.

Answer the questions (in written format) on page 61 ("class discussion" section) and "Research This" using Westlaw.  Due at the end of the period unless you work continuously throughout the period and cannot finish (excluding your ten minute break).

Do "Spot the issue" on page 35.  Then find three California cases that describe the unauthorized practice of law.  In a brief memo, describe the facts, the law and the outcome of the case.  Then read the following article:

We will have a handout in class.  If you didn't make it to class, pick it up next class.  Please complete the handout and the following questionst below.  IF you finish all this work, work on your homework for next class.




Test your knowledge of legal ethics in California.  See how well you do.  If you intend to be a Paralegal or Legal Document Assistant (LDA), you need to be very familiar with the ethical rules that apply to lawyers and their staff.

1.  Giving legal advice includes:

a.  Directing a client how to proceed in a matter that potentially has legal consequences.

b.  Helping a client fill out court-related forms.

c.  Explaining to a client his or her legal rights and responsibilities.

d.  A and C only.

2.  The term “independent Paralegal”  in California can include a Legal Document Assistant.    TRUE or FALSE

3.  Lawyers are obligated not to aid in the unauthorized practice of law.  TRUE or FALSE

4.  Law students can make court appearances without supervision of an attorney.  TRUE or FALSE

5.  The emergence of the paralegal profession has resulted in the increase of unauthorized practice of law prosecutions.  TRUE or FALSE

6.  Representing oneself in a lawsuit can be considered the unauthorized practice of law.  TRUE or FALSE

7.  No one definitive list of activities constitutes the practice of law.  TRUE or FALSE

8.  According to the generally understood definition o the practice of law, the preparation of court pleadings and other papers related to a lawsuit and the management of the lawsuit is generally included within the definition of the practice of law.  TRUE OR FALSE

9.  Education for Paralegals in California

a.  Is required by law

b.  Is required by the job market

c.  Requires an associate’s degree

d.  Requires a law degree

10. The only California law that is relevant to legal ethics is the California Business and Professional Code.   TRUE or FALSE.

Your assignment for today is to do "research this" page 17.  Find your state bar board of examiner's web site and find the specific requirements with regard to steps on pages 16 and 17, relating to the application to attain and maintain bar membership.

research this page 17 and portfolio assignment page 23.

You can find the syllabus for this class the the following link here.

Today's assignment after the lecture on legal ethics and how to check an attorney's discipline record is for students to do a research project in which they answer the following questions:

1. What is the difference between certified and certificated paralegals?

2. What is the "Unauthorized Practice of Law" in California and what California code sections define it?