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Paralegal

Category - Legal System

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The requirements of due process of law apply only to ______________________.

Criminal cases.
Private action.
Government action.
Equal protection cases.

Explanation

Answer: C - Government action. The requirements of due process of law are a limitation on government and therefore apply only to government actions. Government actions include, among other things, enactment of legislation, rulings and enforcement of laws by the courts, actions by administrative agencies, and executive orders.

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A paralegal works for a sole practitioner who practices mainly in personal injury law. At a time prior to hiring the paralegal, the attorney prepared a brochure outlining what a person should do if injured. The brochure includes information on getting medical treatment, dealing with an insurance company, keeping records, etc. The brochure also contains the attorney’s name, office address, and telephone number. The paralegal sees a person lying on the ground after a hit-and-run incident. The paralegal helps the injured person by providing emergency first aid until an ambulance arrives. The next day, the paralegal visits the injured person in the hospital and gives her a copy of the brochure. Can the paralegal’s conduct result in discipline against the attorney?
15 votes

Jane is an attorney at a mid-size law firm and represents Maxwell Riding Mowers (MRM), which manufactures riding lawn mowers. The president of MRM calls Jane one day and tells her about a newspaper story involving a riding lawn mower that caught on fire and injured the person operating it. The president believes that MRM manufactured the riding lawn mower over three years ago. He also stated that he discovered business records showing that a number of lawn mowers manufactured by MRM left the factory without a safety inspection. The riding lawn mower in the newspaper story was manufactured about the time of the safety inspection records. The president then tells Jane that MRM routinely destroys safety inspection records after three years and that he intends to destroy the records he found, unless Jane says otherwise. Ethically, can Jane advise the president to destroy the records?
15 votes

Sonia recently graduated from an ABA-approved paralegal program and passed the Certified Paralegal examination. She has considerable experience as a legal secretary in a law firm that practices immigration law and is now looking for employment as a paralegal. On Craigslist, Sonia sees an advertisement for a job related to immigration. The website for the law firm states that it does immigration law. The advertisement states that the firm is seeking to fill a “Case Manager” position and that this position will have little supervision, have a direct relationship with clients, and be responsible for providing immigration-related services to clients. Can Sonia apply for this job?
14 votes

Perry is a certified paralegal for Kashara, who is a partner in a mid-size law firm. Kashara asks Perry to meet with a client who recently retained Kashara to handle a nuisance action against a glue factory next to the client’s property. The client arrives at the law firm at the time set, and Perry goes to the lobby to introduce herself. Perry says to the client, “Good morning, my name is Perry Parson. I’ll be interviewing you today about the nuisance action.” After getting settled in a conference room, Perry interviews the client for approximately thirty minutes. As she was about to leave, the client thanked Perry for her time and said, “I’m glad to have an attorney like you on my side.” Should Perry have done anything differently when she first introduced herself to the client?
13 votes

A sole practitioner has a sign on her door stating that she practices general business law, personal injury, and family law. The attorney employs two paralegals and a secretary. The attorney personally handles all general business law cases, but assigns all of the personal injury cases and family law cases to one of the paralegals. The attorney fully and appropriately supervises all work performed by the paralegals and pays them a salary, plus fifty percent of all fees received from the cases assigned to them. Is this arrangement permissible?

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Paralegal

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