Paralegal

Category - Ethics

A parent had a child who was suffering from leukemia. Several other parents in the same small town had children with leukemia or other diseases, and at least one other child had died. The parent hired an attorney in a mid-sized town twenty miles away because she believed that a chemical refinery in the small town was contaminating the groundwater. The parent called the attorney at least once a month for two years, but the lawyer has still not investigated the case. Only once during the two years did the parent actually speak to the attorney, and then all he said was, “These things take time.” The attorney could be subject to discipline for which of the following?
  1. Lack of diligence.
  2. Lack of communication
  3. Making a frivolous claim.
  4. Making an improper contingent fee agreement.
Explanation
Answer: A - Lack of diligence. “A lawyer shall act with reasonable diligence and promptness in representing a client.” Model Rule 1.3. “A lawyer must act with commitment and dedication to the interests of the client.” Model Rule 1.3, comment 1. Answer A is the best choice because the lawyer’s delay and lack of investigation indicate a lack of diligence. Answer B is a possible good choice since the lawyer only spoke with the client once during the two years, but Answer A is a better choice because the attorney’s lack of diligence could prejudice the client’s claim if the statute of limitation expires. Answer C is not correct because no claim has been asserted. Answer D is not correct because the legal matter is not one in which contingent fees are prohibited.
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