Natalie Attired Legal Memorandum

In: Other Topics

Submitted By gigi0331
Words 1049
Pages 5
Unauthorized Practice of Law
Regina Johnson
PA253: Legal Ethics
Professor Craig Dorne
April 22, 2012

Abstract The purpose of this paper is to clearly establish and sustain a viewpoint of UPL (Unauthorized Practice of Law) in the state of Tennessee. The facts state that Mr. Stan Smith calls his friend, Polly Paralegal, and leaves a message asking, “Do the grounds for divorce in Tennessee include adultery?” Later that day, Mrs. Stan Smith calls Polly Paralegal and leaves a message asking, “Do I have grounds for divorce in Tennessee? I just found out that Stan committed adultery.”
Questions:
1. If Polly Paralegal answers Mr. Smith’s question, will she have engaged in the unauthorized practice of law? Explain and support your answer with information for at least one authoritative reference source. 2. If Polly Paralegal answers Mrs. Smith’s question, will she have engaged in the unauthorized practice of law? Explain and support your answer with information for at least one authoritative reference source.

Unauthorized Practice of Law What is the unauthorized practice of law? What does a paralegal do when they answer friends’ questions? Is Polly Paralegal committing UPL is she gives advice to her friends Mr. and Mrs. Stan Smith? By state statutes and ethics codes and the ABA Model Rules, attorneys are prohibited from aiding in the unauthorized practice of law and have an obligation to supervise their legal assistants and paralegals to ensure that they are not engaging in the unauthorized practice of law either. Attorneys also have to be careful that the duties they delegate to their paralegal are not considered practice of law too. The Unauthorized Practice of Law does not have a definition. It is the application of a rule of law to a particular person’s fact pattern and giving a response or answer. When someone knows you have knowledge of the law…...

Similar Documents

Natalie

...will discover they've made a friend for life, a natalie is the bestest friend you could ever get, she has a hilarious sense of humour and often gives people stitches. Boys throw themselves at natalies, they love her delicious kissing, she's utterly deseriable and every guy wants a piece of her. They get lost in her big dazzling eyes framed by thick dark lashes. And can't help but kiss her when they see her full edible lips, they think she has the most beautiful captivating smile. Hates getting into arguements with people and has trouble with choosing the right friends. But when she does find the right friends she becomes bubbly,chatty and a laugh. Girls are jealous about her beauty probablly because she's one of the few girls who are beautiful inside and out. Is very hurt when she hears people talking about her behind her back and wonders what she ever did to them? At a party she captures everybodys eye with her foxy dress style, guys find her very alluring. She enjoys match-making her friends with hot guys, gives the best advice and is always there for a girly chat. A Natalie is everything a guy could want sexy, smart, funny, adorable and amazing in bed. She doesnt trust easily. She has a smile that can light up the whole room. She can always cheer u up even when she is feeling down.and is super funny and can make almost anyone laugh.She is super good at keeping ur secrets and a GREAT friend/girlfriend. She is very loyal. Natalie is super creative and is determined to do......

Words: 342 - Pages: 2

Memorandum

...Memorandum Cassandra M. Stanback-Peterson February 11, 2013 PA205-02 Introduction to Legal Analysis and Writing Professor John Berube Memorandum To: Professor John Berube From: Cassandra M. Stanback-Peterson Date: February 11, 2013 Re: Attired v. Biddy’s Tea House and Croissanterie STATEMENT OF FACTS Our client, Natalie Attired, was denied unemployment compensation after being terminated for “misconduct” from Biddy’s Tea House and Croissanterie. Natalie, began working as a waitress at Biddy’s Tea House and Croissanterie in Truth or Consequences, NM, in May of 2009. When Natalie started, there was no employee manual or written policy about employee conduct. Biddy’s evaluated waitresses’ performance every three months and Natalie received four evaluations while she worked there. Her evaluation from May of 2009 to August of 2009 showed that she was usually on time for work, generally pleasant to the customers and very good at making change without using a calculator. Natalie needed to improve separating her work and personal life as well as struggling with order accuracy. Natalie’s goal was to ask her boyfriend and his friends to come around less often, as they affected the environment in the establishment and to work on achieving 100% order accuracy. After working at Biddy’s for about three months, Natalie told another waitress that her boyfriend wanted her to get a tattoo. The waitress, who worked at Biddy’s for 10 years, told Natalie to......

Words: 715 - Pages: 3

Legal Memorandum

...Legal Issues for Jane Asylum Case Kelisha Marshall Kaplan University PA401: Advanced Legal Writing MEMORANDUM To: Linda Ashar, Esq From: Kelisha Marshall, Paralegal Date: November 13, 2012 RE: Jane’s Asylum Petition | Statement of Facts Jane is only 14 years-old, she is neither a citizen of the United States nor a dual citizen of any other country. For six years Jane’s parents have shared full custody and parental rights. Jane would spend the school term with her father, John, in Quebec and school breaks and holidays with her mother, Anne, in New York. Halfway through the school break in New York, Jane telephoned her father stating she wanted to come home early. Her father encouraged her to get along with the mother until break was over. Two days after this incident, Jane left her mother’s home and never returned. Upon Anne’s arrival to her home that evening she listened to a message left by Jane stating she hated them both and was going to live with her Uncle Billy in California. John also received the same message. Rushing to the airport in effort to stop Jane, Anne was killed in a car accident. Now Jane is in California with her uncle and refuses to return to Quebec with her father. Issues Does Uncle Billy have the authority to apply for petition of asylum on behalf of Jane? Does Jane herself have the authority or right to apply for a petition of asylum in regards to the alleged exposure of being a propaganda tool? Has time elapsed for the processing of...

Words: 1294 - Pages: 6

Memorandum

...MEMORANDUM As we all know our cellular phones are irreplaceable in accomplishing our goals at the workplace. However, recently the company has noticed many employees are using their personal cell phones inappropriately. There are five major issues that should be addressed regards to suitable cell phone use at the work place. Five Major Issues * Loss of productivity * Using one’s personal cell phone decreases the efficiency in the workplace. * Personal cell phones should not be used during business hours. * Lack of professionalism * Using a personal cell phone during work hours is a breach of an employee’s contract * Breach of confidentiality * Any employee found on a personal device while working with clients is ultimately in breach of confidentiality * A personal phone can be used to reveal information to parties outside the company. * Motor vehicle issues * While operating a company vehicle, use of a personal cell may result legal ramifications or even an accident. * Personal loss of item * Recently the percentage of missing cellular devices has increase within the company. We would once again like to remind employees that the company is not responsible for the lost or damaged of any personal items. All of these polices can be found in the companies handbook. Cell phones are imperative in accomplishing our goals, but the appropriate use of the device will shoot us to the next level to......

Words: 276 - Pages: 2

Memorandum Unit 6

...2013 VERONICA DECKER 9/30/2013 2013 VERONICA DECKER 9/30/2013 MEMORANDUM MEMORANDUM Memorandum By: Veronica Decker Unit 6 PA205-02: Introduction to Legal Analysis and Writing Professor: Jacqueline Medenblik September 30, 2013 Statement of Facts: Our client is Natalie Attired, Ms. Attired began working as a waitress at Biddy’s Tea House in May 2009. During her time at Biddy’s, Natalie was evaluated four different times. Her evaluations showed improvement. There was no manual or written policy about employee conduct. In June 2010, Natalie purchased a full-sleeve tattoo that covered her entire upper right arm, from shoulder to elbow. The tattoo was partially covered by the waitress uniform, except for the lower portion near her elbow. The owner (Biddy Baker) had told Natalie that, “if the tattoo was not removed, she would be fired.” Natalie then refused to have it removed. She worked the rest of the week and was terminated that Friday. When asked for prove of decline in sales during Natalie’s employment, Ms. Baker could not provide any. However, she did provide the names of two longtime customers who requested a different table when seated in Natalie’s section the day before she was fired because of the tattoo. In July 2010, Natalie filed for unemployment compensation. Her claim was denied by the New Mexico Employment Security Board on the grounds that she was terminated for “misconduct” and was therefore ineligible for......

Words: 547 - Pages: 3

Memorandum

...MEMORANDUM To : Ministry of Environment and Forests, Government of India From : Krishnan Gopal, Manager (Business Strategy) Date : 8th September 2013 Subject : Moving Towards A Green India ------------------------------------------------- Company’s Profile Jindal Steel and Power Limited (JSPL) is one of India's major steel producers with a significant presence in sectors like Mining, Power Generation and Infrastructure. It aspires to achieve business excellence through the spirit of entrepreneurship and innovation and Optimum utilization of resources. It believes in carrying out its business operations with utmost regard for safety and care for the environment. (Jindal Steel and Power Limited, 2013) Introduction In the present scenario the problem of global warming is expanding all over the world. The emergence of industrial revolution has affected the earth to a very large extent. We have come to a stage where we cannot survive without industries and technology. CII (Confederation of Indian Industry) had organised GreenCo Summit at Pune where former president Sir Abdul Kalam addressed industries to promote green India campaign. (Hemali Chhapia, 2013, July 16). We, at Jindal Steel and Power Limited aim for a greener Earth and therefore have chosen the national mission for “A GREEN INDIA” .Our focus is to save the environment and at the same time influence the entire society to take initiative. Our Initiatives JSPL continuously......

Words: 1244 - Pages: 5

Memorandum

...Assignment 1/Memorandum Tahanni Ragland University of Phoenix HRM 531 CERTIFICATE OF ORIGINALITY: I certify that the attached paper is my original work and has not previously been submitted by me or anyone else for any class. I further declare I have cited all sources from which I used language, ideas, and information, whether quoted verbatim or paraphrased, and that any assistance of any kind, which I received while producing this paper, has been acknowledged in the References section. I have obtained written permission from the copyright holder for any trademarked material, logos, or images from the Internet or other sources. I further agree that my name typed on the line below is intended to have, and shall have, the same validity as my handwritten signature.   Student's signature (name typed here is equivalent to a signature):  ______Tahanni Ragland ____________ ___ to: Merger Supervisory Team, Interclean, Inc. FROM: TAHANNI RAGLAND SUBJECT: MANAGEMENT BEHAVIOR MEMORANDUM DATE: NOVEMBER 29, 2010 CLASS: HRM/531 GROUP: MBAA0KZ1X9 DUE TO THE RECENT RUMBLINGS AND RUMORS FLOATING AROUND CONCERNING THE UPCOMING INTERCLEAN-ENVIRO TECH MERGER, I FELT THAT IT WAS NECESSARY TO DRAFT THIS MEMO ABOUT WHAT SHOULD AND SHOULD NOT TAKE PLACE. IT IS IMPERATIVE THAT THE SUPERVISORY STAFF EXHIBIT COMPLETE DISCRETION AND REMAIN SUPPORTIVE DURING THIS TRANSITION. AS MANAGEMENT, YOU MUST BE A POSITIVE EXAMPLE TO OUR STAFF DURING THIS PROCESS. AS......

Words: 687 - Pages: 3

Natalie Attired

...Memorandum TO: Senior Partner FROM: paralegal RE: Our new client Natalie Attired DATE: 10/07/2014 ----------------------------------------------------------------------------------------------- Statement of Facts: When Ms. Attired began working at Biddy’s Restaurant she did not have to sign an employee handbook that could have easily covered the employer’s preferences including preferences on personal appearance for employees. Attired was fired from Biddy’s one week after getting a tattoo on her arm that was visible under her work uniform, Ms. Attired applied for and was denied unemployment compensation for alleged misconduct. Question(s) Presented: I. Is termination justifiable when the employer does not have a handbook specifying what is acceptable for an employee’s personal appearance? II. Can it be considered misconduct when an employee refuses to remove a tattoo based on N.M. Stat. Ann. §51-1-7? III. Did Ms. Attired’s appearance affect business at Biddy’s? Brief Answers: I. Ms. Attired did not sign an employee handbook but she may have signed a waiver to termination at the employer’s request and without reason. II. There is no information about tattoos having anything to do with misconduct as defined by N.M. Stat. Ann. §51-1-7 and there are obvious ways Ms. Attired could have easily covered up her tattoo with sleeves had the establishment permitted it. III. Biddy’s had a few long term customers that requested a different......

Words: 265 - Pages: 2

Natalie Attired

...situations being that she was on limitations at her place of employment and no interest in her employer’s interest. Disposition: The decision from the District Court was to consider Rodman demonstrating a willful disregard for her employer’s interests. This caused her to have misconduct and not get her unemployment compensation benefits. Leaving the District Court decision to be affirmed. Analogizing Distinguishing: There was an analogy between the Rodman case and the client Natalie Attired statement which was that the termination was for misconduct and was ineligible for unemployment just as Rodman was denied benefits due to her misconduct. The distinguishment qualities of the Rodman case and client Natalie Attired is that Rodman was reprimanded 3 times prior to termination and Natalie never was reprimanded. She was a good employee prior to this termination. Application to client’s facts: The holding in the Rodman case brief can be applied using the facts from client Natalie Attired in altering her appearance and refusing to remove her tattoo as the employer had requested of her. This expressed misconduct in wilfing or wantoningly as regards of an employer’s interest as in violation deliberate as regarding standards of behavior and carelessness or negligent of such degree or recurrence as to manifest equal culpability. Citation: Claim of Apodaca, 769 P.2d 88 (N.M.1989) Facts: This fast food employee went against policy and dyed her hair purple. She then......

Words: 960 - Pages: 4

Natalie Attired Case

...To: Attorney Valdes From: Paralegal Goines Date: 01/06/2016 Re: Natalie Attired claim for wrongfully withholding unemployment compensation against (NMESB) Memorandum Statement of Facts Natalie Attired was an employer at Biddy’s Tea House for three months. She asked another waitress about getting a tattoo. The waitress advised her not to get it where it would be visible or she would be fired. The waitress that gave her the advice was working there for ten years. Natalie did not take the other waitress advice and still got the tattoo. The tattoo was not fully covered by the uniform. The tattoo covered her entire upper right arm. The length was shoulder to elbow. Biddy Baker was not pleased with the tattoo. He asked her to remove the tattoo if she wanted to keep her job. Natalie refused. After the week was finished she was given a termination notice. She applied for unemployment compensation but was terminated for “misconduct”. Questions Presented * Can Natalie Attired file a claim against New Mexico Employment Security Board (NMESB) for wrongfully withholding her unemployment compensation? * Should Natalie be able to receive unemployment compensation? Answers Briefed * No, Natalie cannot file a claim because she was technically in the wrong. She knew that the tattoo was not a good idea for the environment and was warned. * No, Natalie was terminated for “misconduct”. She also was proven to show actions of misconduct. Applicable......

Words: 447 - Pages: 2

Legal Memorandum - Business

...people. The company was started five years ago in Nashville, TN, and has seen steady growth in the United States. Narcissus Denim currently fabricates its denim jeans in the USA, with only some of the materials coming from China. The cost of raw materials and manufacturing domestically have become too expensive, so Narcissus needs look outside of the USA. Narcissus is aware of other creators of designer apparel that have gotten bad press for using the “Made in the USA” label because the brands only make a portion each piece of their apparel in the USA. The purpose of this memorandum is to examine the possibility of bringing to the USA neighbor by working with “Maquiladora”, the Spanish word for manufacturer, in Mexico. Aspects of US law, international legal implications, as well as the ethical implications of moving this portion of the company to Mexico are the primary focus areas of research. Domestic Legal and Ethical Implications: Narcissus Denim was founded and gained success because of the quality of the product, in great part because the apparel is “made in the USA”. In order to create a portion of the product in Mexico and keep the “made in the USA” label, Narcissus Denim must ensure at least a portion of jeans be manufactured in the United States. The Federal Trade Commission is the governing body and requires certain standards be met. These standards are also monitored by the commission, “The Federal Trade Commission (FTC) is charged with preventing......

Words: 1750 - Pages: 7

Natalie Attired

...PA205: Introduction to Legal Analysis and Writing Client Interview – To be used for Unit 4 and for Legal Memorandum (Units 6-9) Notes from Client Interview: Natalie Attired 23 years old Grew up in Albuquerque, New Mexico Attended private schools through 12th grade After graduation in 2007, spent a year in Europe, mostly Paris Returned from Europe in 2008 and enrolled at New Mexico State University, planning to major in Early Childhood Education. After a couple classes, found out that she didn’t like working with small children and reconsidered her career plan. While she attended NMSU, she often went to a local bar called Skully’s, which catered to a mix of college students and members of the local biker community. At Skully’s, she met a 30 year-old man named Zeke Teller, who was a member of the Los Calambres Motorcycle Club. Zeke had three children from three previous relationships. In early 2009, Natalie began riding on his motorcycles and after a few months of hanging around the club became Zeke’s “old lady.” After attending NMSU for one year, Natalie dropped out of school in May 2009 and began working as a waitress at Biddy’s Tea House and Croissanterie in Truth or Consequences, NM. Biddy’s has been in business for over 20 years, and is run by Biddy Baker, age 60. The restaurant serves tea, sandwiches, scones, and desserts. No alcohol is served in the establishment. Biddy’s evaluates waitress’ performance every three months. Natalie received four evaluations while she......

Words: 1044 - Pages: 5

Natalie Attired Unemployment Compensation Claim.

...SAMPLE LEGAL MEMORANDUM TO: Professor Pruitt FROM: Cristopher L. Butler DATE: 6-26-2012 SUBJECT: Natalie Attired Unemployment Compensation Claim. STATEMENT OF FACTS July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations ( attached), which showed constant improvement with no reprimands. June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo,she was terminated on that Friday for misconduct. Ms. Biddy Baker has stated there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also has not provided any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. ISSUE/QUESTION PRESENTED 1. The issue in this case is whether Natalie Attired’s failure to remove her tattoo when instructed by her employer to do so constitutes......

Words: 725 - Pages: 3

Pa205 Unit 8 (Natalie Attired Memo)

...Memorandum To: (Senior Partner) From: Date: Subject: Natalie Attired Unemployment Compensation Claim Office File: PA205 Statement of Facts: Natalie Attired began employment with Biddy’s Tea House in May, 2009. During her employment, Natalie received four evaluations, which improved consistently and showed no reprimands. There is no employee manual or written policy about employee conduct. In June 2010, Natalie purchased a full-sleeve tattoo which covered the entire upper right arm, the lower portion of which could be seen below the short sleeve uniform. The owner, Ms. Baker told Natalie that if she did not remove the tattoo she would be fired. Natalie refused to remove the tattoo, worked the rest of the week and was given her termination notice on Friday. Ms. Baker was unable to provide proof of a decline in sales during Natalie’s employment, but provided names of two customers who requested to be moved from Natalie’s section due to the tattoo. Natalie filed for unemployment compensation in July 2010, which was denied on the grounds that she was terminated for “misconduct” and was therefore ineligible for benefits. Questions presented: 1. Whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by N.M. Stat. Ann. §51-1-7. 2. Did Ms. Baker provided proof that Natalie’s appearance negatively affected business as to cause reduced sales and profits? Brief Answers: 1. No.......

Words: 753 - Pages: 4

Natalie Attired

...LEGAL MEMORANDUM To: From: Nimrod Vigilance Date: 8/26/2012 Subject: Natalie Attired Unemployment Compensation Claim Facts: In May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations, which showed constant improvement and no reprimands. In June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo and she was terminated on that Friday for misconduct. In July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. Ms. Biddy Baker stated that there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also failed to provide any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was the names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. Issue: The issue in this case is whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by New Mexico Statute §51-1-7. Brief Answer: No. Ms.......

Words: 410 - Pages: 2

Trapped | Unicon Operation Strategy | Splitting Up Together 2018