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Author Question: Peter is a paralegal who works for a go-getter, up-and-coming young attorney. As a perk, and ... (Read 42 times)

justinmsk

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on: Aug 3, 2018
Peter is a paralegal who works for a go-getter, up-and-coming young attorney. As a perk, and demonstration of his capabilities, one of the Junior Partners has assigned Peter's attorney a could-be difficult case. Peter has worked on a similar matter, so he feels that the attorney can complete the task efficiently and effectively. The young gun feels the same way. But the young attorney does not want to finish it too quickly and not build billable hours. The young attorney has asked Peter to slow things down and perform more billable electronic research even though Peter already has some in his file on the topic. Speaking of topics, the young attorney wants Peter to accompany him to a seminar in another town to hear a speaker discuss what they both already know. Peter sees that the young attorney's irises have been replaced by dollar signs, as he tried to pad his and Peter's billable hours. What should Peter do?
 
  What will be an ideal response?

Question 2

Factors that should be considered when determining a reasonable fee would ideally include:
 
  a. The skill of the attorney.
  b. Any amount of money the attorney needs at that time.
  c. The complexity of the case.
  d. The experience of the attorney.


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Edwyer

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Reply #1 on: Aug 3, 2018
Answer to Question 1

As a paralegal, Peter's conduct is not directly dictated by the guidelines of the code of ethics governing attorneys, including the young attorney, in this jurisdiction. However, past rulings of the state's Supreme Court have imputed some of the lawyer ethics to paralegals working under the supervision of an attorney. If Peter is a member of a voluntary professional paralegal organization that does in fact have guidelines for its members, he could lose his membership or advanced credential. Those guidelines and those of the attorney's code of ethics would strongly infer that the conduct requested by his supervising attorney is in violation of acceptable standards of conduct by legal professionals. Charging a client for work that is not necessary to resolve their legal matter should never be done, and Peter should remind the young attorney of this ethical violation. If Peter is not successful in convincing his supervising attorney of the potential for malpractice, then Peter must go to the assigning Junior Partner or Paralegal Manager with his concern.

Answer to Question 2

b


justinmsk

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Reply #2 on: Aug 3, 2018
TY


Edwyer

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Reply #3 on: Aug 3, 2018
You're welcome


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