October 22nd Notes

Fundamentals of Legal Practice
October 22, 2009

How to win arguments
-Keep it short
-Lead with your strongest argument
-Use the facts

*Really wants you to know these duties (will be on test)*

10 Duties of a Paralegal        Chapter 6
1. Achieve & maintain a high level of competence & personal integrity
2. Report non-privileged workplace malfeasance (fraud, deceit, dishonesty, misrepresentation)
3. Serve the public & improve the community
4. Preserve client confidences & secrets, before, during & after the representation
5. Never use client info for personal gain or to detriment of client
6. Avoid compromising influences & conflicts
7. Loyalty
8. Disclose title & capacity
9. Avoid unauthorized practice of law
10. Avoid impropriety or the appearance of impropriety

Big 3 of the unauthorized practice of law    Page 172
1. Attorney is ultimately responsible for the work
2. Attorney supervising
3. Client knows you are not the/a lawyer

-you can initiate new business but not solidify it
-you can quote fees but you can't set fees
-can only bill substantive costs, meaning filing, typing, phones are not billable
-Kentucky was the first state to have a paralegal code

-There is a difference between confidences and secrets
---confidences: related to the representation
---secret: anything the client tells you whether or not it applies

Concerning legal opinion, if it affects the:
-Value
-Merit
-Strategy
-Outcome
of the case then you are practicing law and can not do so.

-Never give independent judgment or opinion

Malpractice: goal is money from client
Disciplinary: punishment from bar association (punching your ticket)

-can not fee split, it appears to be a partnership
"capping"- lawyers paying fees for people drumming up business

-if you submit something to the court, you are appearing in court

Ethical Importance    page 187
As a paralegal, I need to keep a relationship or trust and confidence with a client.

spoliation of evidence: destroying evidence, avoid paperwork, hide clients
-can pay the witnesses expenses and compensate an expert

-subornation of purgatory: can not tell people to lie

Tarasoff v. UC Regents 
-Psychiatrist should have gone to police to protect woman who was attacked after client said he would attack this woman.

-you waive the attorney/client privilege if it is publicly displayed (leave open file, computer screen, file on bus)
-do not threaten action against the other side, even if you can report it legally

On exam:
spotting the violation is easy.  tell why it is, what duty is violated, and what conduct violated the duty.  or what they should have done instead.