week 7 of LS 201
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This 5 page Class Notes was uploaded by Kristi Meyer on Sunday October 25, 2015. The Class Notes belongs to 17170 at Grand Valley State University taught by Ruth Stevens in Summer 2015. Since its upload, it has received 24 views. For similar materials see Introduction to Law in Law at Grand Valley State University.
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Date Created: 10/25/15
Week 7 in LS 201 Overview of what we did in class 0 Monday we went over a few things and then watched a trial case from YouTube that showed us how it played out 0 Tuesday we finished watching the video from Monday and went over new material Day 12 Lecture 0 went over the review questions 0 answers to the review questions 1 crossclaim 2 third party claim 3 request for production of documents a to get his driving sheets 4 deposition a to ask his take on the accident 5 request for medical examination 6 deposition a to question the witness 7 interrogatories 8 rule 12 motion to dismiss 9 rule 56 motion to summary judgement 0 other than this we watched the video for the rest of class there was no homework over what happened just questions the professor asked to make sure we were paying attention Day 13 Lecture 0 preemptory challenge when a lawyer wants a juror removed from being selected for juror duty just because they don t need to give a reason 0 challenge for cause an attorney can show a judge a person is bias or prove their bias from answers to the juror questions and if you can prove they are bias they are removed from being selected 0 Questions that were asked during the film 0 Is the defendant liable o Are the damages part of the case or was the injury caused from the plaintiffs job C Attorney must follow their code of ethics 0 Most reprimand happens outside of court 0 In mediation o In arbitration o Etc 0 How are paralegals regulated o Directed by laws on unauthorized practice of law by nonlawyers I Usually indirect regulation through ethical codes I Also paralegals just follow attorney ethics so they don t get red 0 Can be sued for tort o Negligence 0 Ethical rules for attorneys 0 ABA model code of professional responsibility 0 ABA model code of professional conduct 0 Friends brought down to an attomey s of ce usually for support are not protected under the confidentiality clause they can tell people what happened in the office and be used against the other person They can be subpoenaed to testify o The case of people vs Mitchell on page 311 in the textbook 0 Was not confidential due to the fact that they were talking about case stuff out in a public place in the office space 0 The attorney was not even there when the talk of the case was happening 0 NAMES OF CLIENTS SHOULD NEVER BE SAID even to other peoples especially on the phones just say that you cannot disclose that information Notes from the book chapter 11 o Paralegals are considered hired by attorneys so they are basically employees 0 How are paralegals regulated 1 Indirectly from the attomey s code of ethics 2 NALA national association of legal assistants and NFPA national federation of paralegal associations a This is only for paralegals that are members in these associations 3 Directly by unauthorized practice of law by their laws 4 Tort law of negligence 0 Rules for professional conduct is not really rules based on an attomey s value it is to tell them what type of behavior is acceptable and what behavior is unacceptable o If they do not follow this they can lose their license to practice law 0 The NALA has 9 cannons o The first five is for legal assistance and telling them what actually is the unauthorized practice of law 0 Cannon 6 says how important furthering their education on law is important 0 Cannon 7 is client confidentiality o Cannon 8 and 9 stress how important it is to follow these regulations 0 NFPA has 8 cannons with ethical considerations 0 Cannon s 14 tells them to avoid unauthorized practice of law and saying how important their further education is o Cannon s 58 are the same as the NALA just more in depth 0 In they know of someone who is violating these rules they should tell the authoritative lawyer so that they can do something about it Rules of evidence in federal and state court tells what testimony s and documents can be used as evidence 4 point test satisfying attorneyclient privilege 0 Client made a statement 0 To the paralegal or attorney 0 While seeking legal advice 0 And no unnecessary persons were presents On page 312 there is a summary of a case so to speak a defendant stabbed someone he came into the attorney s office the attorney was not there and he proceeded to tell the first secretary about what happened A second secretary walked in and he muttered something about a knife that was his and he believed he stabbed someone Finally a paralegal entered the room but he was still talking in a public setting Both secretaries and the paralegal were subpoenaed to testify against what the man had told them 0 The reason this was not protected by the attorney client privilege is because it was in the waiting room when the guy was talking about his case verses in an attorney s office where the attorney was present Privilege logs 0 General nature of the document Identity and position of document creator Date it was prepared Identity and position of the recipient and all other parties who received copies Document current location A declaration that it contains privilege materials t a paralegal CANNOT do Establish attorney client relationship Establish legal fees Give legal advice Prepare legal documents with legal knowledge Represent clients in courts I On criminal case civil cases I But can represent on certain cases of administrative law 0000 Wh SD 00000 Firm and client money must be in 2 separate accounts Attorneys can charge extra for paralegals 0 Such as they can charge for themselves and paralegals too if they helped out in the case Not allowed to form partnershipsshare profit of contingency fees Paralegals do not get paid for recruiting new accounts Bold words from the textbook Model Rules of Professional Conduct set of rules that is set by the American Bar Association that every state EXCEPT California follows 0 Attorney Client Privilege states than an attorney or paralegal may not testify about information that was shared with the client or that the client shared with them if and only if the information shared followed the code of conduct 0 Attorneywork product what the attorney or paralegal prepares in hopes of getting a trialappearing in court 0 Con ict of interest paralegals and attorneys cannot work for opposing sides in a case 0 When they have personal or business interest that they cannot give their full attention to the client I Family member represent the other side 0 Past or present representation con ict with a new case I Example in the book on page 316317 it says something like attorney smith represented Mr Brown in a divorce case where he knew his financial state 2 years later Mr Brown s business partner wants to sue him and the con ict of interest is attorney smith knows Mr browns financial status so Mr brown would have an unfair edge 0 Concurrent representing both clients simultaneously 0 Can be done if and only if the clients believe the lawyer will be able to represent them fully I To do this must meet 4 requirements C Attorney must believe heshe can represent both sides simultaneously 0 Must not run afoul of other prohibition 0 Cannot represent each side in litigation 0 Must have written consent from both sides 0 Successive representing one client then the other 0 Potential client con ict of interest may arise in the future 0 Vicarious representation if one lawyer in a law firm is dismissed from representing someone then so is everyone else in the law firm 0 Ethical wallcone of silence screen or firewall shielding a paralegal or attorney from a case with possible con ict of interest 0 Unauthorized practice of law when someone not a lawyer is trying to do what a lawyer can do 0 This is a criminal offense 0 Practice of law giving someone legal advice or applying a law to a person s specific case 0 Professional judgement applying laws to facts 0 Contingency fee attorney is only paid if they win the case 0 Paid a percentage of the settlement usually 13 I Must be in writing that the fees are contingency due to ethical reasons 0 Client trust accounts where the client money goes and only goes 0 Reprimandcensure when an attorney violates the code of ethics they are privately or publicly announced Suspension an attorney who got into trouble cannot practice law for a specific amount of time Disbarment attorney losses their license to practice law Negligence definition is on page 336 in the textbook Legal malpractice definition is on page 336 in the textbook 0 attorneyclient relationship existed o it was the attorney s negligence o the negligence caused o harrn o the client would have won their case if it weren t for the negligence prove a case within a case 0 the last thing above if it weren t for the attorney s negligence the client would have won their case
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