Thinking Critically About Ethics

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MONDAY:
Attorney Howe violated ABA Model Rule 1.3 by not acting with reasonable diligence and promptness in representing the clients because he was not present. He also violated ABA Model Rule 5.5(b) after Carl told him they had a new case and did not respond correctly to Carl's actions.
Carl failed to present himself and his position as a paralegal which violates EC-1.7(a). Carl also accepted the case, set fees and gave legal advice to the clients, which demonstrates Unauthorized Practice of Law violating EC-1.8(a). Carl inadvertently disclosed other client’s information by letting Zeke use the phone where documents were in sight. This violates EC-1.5(a) because Carl was aware of the confidential information. Carl violated ABA Model Rule 1.6 by telling Jane not to forget about the alimony in the reception area. He also learned that Jane has a small business that the government is unaware of and pays no taxes. He did not disclose this fraudulent activity to Attorney Howe which violates EC-1.3(f), ABA Model Rule 1.6 (b2) and 4.1(b).

TUESDAY:
Carl continues to avoid the income issue with Jane again violating EC-1.3(f), ABA Model Rule 1.6 (b2) and 4.1(b). He is also letting her fill out the interrogatories with false statements thus violating ABA Model Rule 4.1(a). Carl answered the phone and began to repeat the client’s information while Jane was still present which violates EC-1.5(a) and (f). Carl recorded his meeting as two hours when it should have been one hour and twenty minutes. His dishonesty in timekeeping violated EC-1.2(c).

WEDNESDAY:
Attorney Howe failed to make an effort to check Carl's motion which was missing key information. He has a duty to ensure that he is diligently handling his client’s case and has violated ABA Model Rule 1.3.
While on the phone with Zeke, Carl went against Jane by encouraging Zeke to sue her. He also disclosed…...

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