Week 6 Thursday (Dec 10) Test - Ethics & Property Flashcards
UPL
Unauthorized Practice of Law
UPL can be a civil or criminal offense?
both
What is the national code of ethics for attorneys?
There is no national code
What is the Texas legal ethics rules called
Texas Disciplinary Rules of Professional Conduct
What are some ways to violate the UPL?
- telling someone what you think the laur would say
- filling out forms w/o direct supervision of a laur
- must say upfront that the laur told you to tell them xyz
- telling someone what the law states
- interpreting the law for someone’s situation
- filling out or helping filling out legal forms without direct laur supervision
- signing a letter or giving a meg to a client from the attorney that contains legal advice, w/o clearly stating that the laur asked you to provide the information
What are the reasons for not even suggesting legal advice to friends and family?
they give greater weight to what you have to say.
Can a paralegal sign a pleading with permission?
No, they can sign pleadings - they can sign other things but not pleadings
Can you tell a client whr the attorney has accepted or rejected the client?
No, this decision determines whr an attorney-client rirp will be created, and therefore, this can be done only by an attorney
Your attorney has a fee schedule, can you quote the fees to a potential client straight from the sheet?
No, the final fee charges will be made by the attorney
Ethical Obligations
- Confidentiality
- Avoiding Conflicts of Interest
- Working under the Supervision of an Attorney
- Competence
- Reporting Ethical Violations
It is the paralegal’s responsibility to ___ the attorney regarding ____ of a paralegal’s duties. You must know the rules.
educate
ethical limitations
Attorneys have ____. Paralegals do ____.
clients
not
What does TDRPC stand for?
Texas Disciplinary Rules of Professional Conduct
Who is the only person that can sign a certificate of service?
a licensed attorney
Working under the direct supervision of a lawyer
- ID yourself as a paralegal on all
- emails * letters * phones to client & other counsel - copy your attorney on all emails to clients or other counsel
- attorney must review any documents before they are filed - mark them with a DRAFT watermark
What rule(s) does a paralegal break if they sign a pleading even with permission?
Federal Rules of Civil Procedure
and
Texas Rules of Civil Procedure
Confidentiality
- all infor client provides is confidential
- be careful where you are when discussing a client (no elevators, at lunch)
- no confidential information may be used for personal gain
What documents can a paralegal sign?
- email correspondence, as long as no legal advice is given, and has paralegal’s name & title
- correspondence from an attorney by permission and if no legal advice is given and paralegal’s name & title on the letter
If a firm hires a paralegal who has worked for opposing counsel or an opposing client, the entire firm will be notified there needs to be a _____ put around the paralegal.
ethical wall
What needs to appear in the signature block on the firm’s letterhead when a paralegal sends out a letter?
Paralegal’s name
Paralegal’s title
Advertising
-
Avoiding conflicts of interest
- it is a conflict for you to do work for a client if you have previously worked for an opposing party
- some firms pass around a daily conflicts check sheet
Solicitation
- if you go to someone and you know they have a problem and you ask them to hire you or your attorney
- you see a wreck and you say I work for an attorney give him a call - no can’t do that
- if they ask you if your boss is a “divorce” lawyer, then you can give them a card and it is NOT solicitation
Reporting ethical violations
- you must attempt to correct the problem, by telling the person
- if that doesn’t work or it’s major, go to their supervisor
- if the firm tolerates it, start looking for another job
Paralegals may server no committees as long as they do not, what?
may not draft documents or review legal documents in any way different from all other committee or board members
Competence
- stay current thru CLEs and professional organization
- stay current on technology - because most attorneys do not stay current on technology
SBOT
State Bar of Texas
Who did the texans play?
Buffalo Bills and lost 21 to 30
Who DO the texans play?
New England Patriots on Sunday, December 13th
Who did the Houston Cougars play on Saturday December 5th?
Temple and they won 24 to 13
Who did the Houston Cougars basketball play
on tuesday dec 8th they played Rhode Island Rams and lost 57 to 67
Houston rockets played
Washington Wizards on Wednesday,December 9th
Houston rockets play
golden grizzlies on Saturday December 1wth
Time magazine’s person of the year
Angela Merkel, German Chancellor
UPL violations
- tell s-one what to do because you know what lawyer would say
- filling out forms w/out supervision
- sign letter giving a meeting to client that has legal advice w/out saying that the lawyer asked you to provide the information
Advertising
- you can put up a billboard
- you can go on TV & say I’m an attorney
Consideration
bargained-for-exchange
USCS
United States Code
CFR
Code of Federal Regulations
ALR
American Legal Reports
Defendant’s neighbor
Georgia Koster
4905 Winnetka - 77021
moremerlot@wino.com
UPL must be ___.
avoided
Fixtures
- personal property that is a permanently affixed to land or buildings (i.e. kitchen cabinets)
- They are categorized as real property
- they remain with the building
A gift
- voluntary transfer of property without consideration
- lack of consideration is what distinguishes a gift from a purchase
A form of co-ownership that includes a ___.
right
of
survivorship
… passes to the deceased tenant’s estate and not to the co-tenant.
Tenancy
in
Common
6 ways to acquiring personal property
- purchase
- production
- gift
- inheritance
- mislaid property
- lost property
Solicitaton
- go to someone and ask them to hire your attorney
- see car wreck and you walk up and hand them your bosses’ card
- you cannot go over to them, but they can ask you
“Do I have a case?”
Ask a lawyer
Plaintiff’s address
4901 Morse, 77019
You need to ___ say that you are a paralegal.
affirmatively
real property that can be used by married couples only, but not in Texas.
Tenancy
by the
Entirety
What did the special package have on the plaintiff’s car?
- touch handles to open the car
- it will park itself
- backup camera
- lane keep assist - if car starts to drift, it beeps you and applies torques
- cruise control engaged, keeps you at appropriate distance behind the car in front of you
___ have clients.
Paralegals do ____.
Attorneys
no
What is real property?
- land and property that is permanently affixed to it
- minerals
- crops
- timber
Why can’t you accept or reject a case, what does it create?
Attorney / client relationship
What are 2 broad categories of property?
real
personal
Can a paralegal quote a fee based on a schedule?
NO
The law protects the right of property owners to ___.
use, sell, dispose of, control, and prevent others from trespassing on their property rights
How would you identify yourself in order to fulfill your ethical obligation?
3) Working under the direct supervision of a lawyer
- identify yourself as a paralegal on all emails, letters and phone
- copy your attorney on all emails to clients or other counsel
- allow attorney to review any documents before they are filed - put draft watermark
What kind of premium package was on the Prius?
Advanced Technology Package
CLE
Continuing
Legal
Eduction
Property ownership forms
the foundation of our economic system
What are the 5 Ethical obligations?
- Confidentiality
- Avoiding Conflicts of Interest
- Working under the direct supervision of an attorney
- Competence
- Reporting Ethical violations
What is confidential?
- any and all information a client provides including client name
- be careful where you are when talking
- no confidential information may be used for personal gain
What are the national code of ethics for attorneys?
There are none.
A conflict of interest?
for you to do work for a client if you have previously worked for an opposing party
The highest form of ownership of real property.
Fee
Simple
Absolute
Ethical Walls
if firm hires a paralegal who has worked for opposing counsel, an ethical wall is to be erected around paralegal
An interest in real property that lasts for the life of a specified person.
Life Estate
And that specified person is called the Life Tenant
What is personal property?
everything that is not real property
“goods
“chattel”
What’s the difference between solicitation and advertising?
- very specific rules
- you cannot go up to people that you know have a specific situation
Real property can become personal property if it is removed from the land.
a tree that is part of a forest is real property, but it is cut down, it becomes personal property
can a paralegal sign a letter on the firm’s letterhead?
If so, what is needed?
Yes, under supervision of an attorney and it must contain both the paralegal’s name and title
A ___ has developed to protect property rights.
comprehensive
body of
law
UPL
Unauthorized
Practice of
Law
May I make an agreement with opposing counsel?
Sometimes = agreement about scheduling times and places, or extensions for discovery, if attorney asks you to do so
In Texas, the legal ethics rules for attorneys are called the ___.
Texas Disciplinary Rules of Professional Conduct
If I’m late with my rent, can my landlord thrown me out?
No, a landlord cannot personally evict a tenant
FRCP
Federal
Rules of
Civil
Procedure
Giving legal advice includes:
- Telling someone what the law states
- Interpreting the law for someone’s situation
- Recommending what people should do in legal situations other than tell them to “talk to an attorney”
- Filing out, or helping someone fill out, legal forms without direct supervision by a lawyer
- signing letter or giving a message from the attorney that contains legal advice, without letting client know attorney provided the information
Competence under Ethical Obligations
- stay current on technology
- stay current on CLE
Ownership in which each spouse owns an equal on-half share income and asset
Community
Property
TDRPC
Texas Disciplinary Rules of Professional Conduct
Right to possess property in the future, rather than present.
Future Interest
2 forms of Future Interest
Reversion & Remainder
What do the legal ethics rules follow:
Texas Disciplinary Rules of Professional Conduct
Ethics of Community Service
Do not do anything more than any other member can do
You may be evicted only after:
- landlord starts legal proceeding
- opportunity to appear in court
- judge orders you to leave
- you do not leave on your own
What is one way that paralegals violate UPL?
representing that you are an attorney
When 2 or more persons own a piece of real property, it’s called ____.
Concurrent
Ownership
What rules does having a paralegal sign a pleading by permission violate?
FRCP Federal Rules of Civil Procedure and TRCP Texas Rules of Civil Procedure
Who is required to evict you?
eviction can only be done by a constable or a sheriff pursuant to a court order
Attorney signature stamp the same as signing with permission?
Yes, but not on pleadings or items filed with the court
The person making a gift is the ___.
The person receiving the gift is the ___.
donor
donee
If a paralegal is traveling for one client and works on another client’s file while on the plane, can she bill both clients?
no, that would be double dipping and that’s stealing
Security deposit law for commercial tenants?
Texas Commercial Deposit Law -- landlord must return your deposit no later than the 60th day
Ethics are
rules of professionalism
that protect both paralegals and clients
What documents may a paralegal sign?
- email correspondence with no legal advice and must include name, title, and firm name
- correspondence with no legal advice given and paralegal’s title clearly indicated
Title to personal property is often acquired by will or ___.
inheritance
The bundle of legal rights that the owner has to possess, use, or enjoy the property.
Estate
in
Land
In some cases, it is a ___ offense as well as a ___ offense to practice ____
criminal
civil
UPL
What should be in the signature box of the paralegal?
name
and
title
Can you sign an attorney’s name to a pleading with their permission?
no
UPL as a paralegal = representing yourself as an attorney
no just what you say, but what you do NOT say as well
Name some ethical obligations
- confidentiality
- avoiding conflicts of interest
- working under the supervision of an attorney
- competence
- reporting ethical violations
Provides that leased premises must be fit, safe, and suitable for ordinary residential use.
Implied
Warranty of
Habitability
Can you reject or accept a case?
NO
Competence?
- professional thing to do
- stay current on knowledge thru CLE’s
- stay current on technology
