Bruce and Trish lived together for twenty years in Trish's house ...

[Kthamas]

Bruce and Trish lived together for twenty years in Trish's house before their relationship terminated. While they were together, Bruce, on his own time and with his own funds, fully remodeled, painted and reroofed the house and installed a swimming pool. When the relationship dissolved, Bruce sought a 50 interest in the house given all the work he put into it. The court did not award him a 50 interest but did order Trish to pay him 75,000. Which theory did the court most likely apply?
 
  A) resulting trust
  B) express trust
  C) palimony
  D) implied-in-law/quasi-contract

Question 2

Beth Hanes has been working as a paralegal for the law firm of Merkle, Pete and Adams for five years, three of those years with Attorney Harold Issup. Harold is really impressed with Beth's work and has increasingly relied on her skills. Attorney Issup and his family are going to start the memorial holiday weekend a little early and would like to leave Thursday afternoon. A new client is scheduled to come in Thursday afternoon for an initial interview. Harold has asked Beth to take this interview without him being present. What are Beth's objectives from this interview? How can she avoid the unauthorized practice of law at this interview?
 
  What will be an ideal response?

[katkat_flores]

Answer to Question 1

D

Answer to Question 2

Answers should include identifying the nature of the client's needs from the law firm, determine if there may be possible conflicts of interest, the scope of the attorney-client confidentiality and privilege, and making sure all pertinent information is completed on the Client Intake Form. Students may also include a discussion of the scope of the firm's representation including the potential fees, costs and payments terms, and whether or not the attorney has the time or desire to represent this client; also, the ethical quagmires that the paralegal could find him or herself entangled.