Attorney Howe's Possible Ethical Violations Summary

Model Rule 5.5(B)- Attorney Howe, left a new hire, Carl, unattended, while also suggesting that he may conduct interviews in his office without specifying particulars regarding his presence or direct supervisory responsibilities. In hindsight, Attorney Howe could be indirectly contributing to the unauthorized practice of law due to his gross negligence to supervise his paralegal.

The new Florida rules, patterned after the American Bar Association (ABA) Model Rules of Professional Conduct but stricter in many instances, provide updated ethical standards for attorney behavior and the structure for regulating conduct. Attorneys who violate the rules are subject to disciplinary proceedings brought by the Bar with penalties imposed by

The Sixth Amendment’s clause on counsel assistance has also been challenged in regards to the right to an effective performance on the count of the attorney. This concept demonstrates that the fulfillment of the right extends further than just the mere appointment of legal defense.

My externship at the AG Office exposed me to the interworking’s of a government agency. As an employee of the state every detail is particularly scrutinized and it is of the utmost importance that quality work be exhibited. At the AG Office I continued to impress my supervisors with my diligence, impressive legal research, writing skills, and through drafting legal memorandums and motions in limine. Moreover, I quickly adapted and learned about specific duties entailed upon me as a legal extern, and executed those duties, which included assisting attorneys with discovery proceedings, jury instructions, and any matters arising from preparation of jury trials.

Ethical conduct and legal accountability go hand in hand with integrity. According to James M. Thomas, founder of the Alliance for Integrity, “The standards of professional integrity, have a second source, those that legal practitioners impose upon themselves. They are the values, convictions, ideas, and ideals that fix how one practices, as distinguished from what one practices.” James M. Thomas, Integrity: The Indispensable Element, 64 (2010). Thomas says that attorneys who uphold integrity share nine crucial traits; furthermore, he admits the price tag for maintaining integrity can be high. Id. He adds that, “Pared to its bed-rock essence integrity is the capacity to stand by right ideas, even when doing so is inconvenient, difficult, or unprofitable; yet, its payoffs and benefits are unmistakable.”

“.06 An auditor ordinarily does not possess legal skills and, therefore, cannot make legal judgments concerning information coming to his attention. Accordingly, the auditor should request the client 's management to send a letter of inquiry to those lawyers with whom management consulted concerning litigation, claims, and assessments.

In Iowa Supreme Court Attorney Disciplinary Board v. Cannon, Peter Cannon, an attorney, representing a client in a bankruptcy proceeding, was charged by Iowa’s Supreme Court Attorney Disciplinary Board for plagiarizing a large portion of his submitted brief from a published article. When questioned by the judge regarding unusually “high quality” of his brief, Cannon responded that he was solely responsible for the briefs and that the briefs “relied heavily” upon an article entitled Why Professionals Must Be Interested in Disinterestedness Under the Bankruptcy Code.” The court affirmed the Board’s decision that Cannon’s sanction of a public reprimand was appropriate. The court reasoned that, inter alia, Cannon had charged his client unreasonable

Defendant argues that Congress did not mean to include defense attorneys in 18 U.S. Code § 1001 since defense attorneys have a duty to their client of loyalty. This duty would stop defense attorneys from revealing confidential information without the consent of their client. As a result, defendant argues, there has to be an exception for defense attorneys in court as they represent criminal defendants. Defendant argues the court to judicially make acceptance of 18 U.S. Code § 1001 for defense attorneys as they represent criminal defendants.

You have asked me to summarize the Supreme Court of Canada decision in Doré v Barreau du Québec, 2012 SCC 12, SCR 395 and analyze whether the Law society is likely to sanction Evan Frank. Although the Rules of Professional Conduct place limitations on certain conduct to ensure professionalism, the expressive rights of lawyers must be given due respect and the likelihood of Mr. Frank’s sanction will depend on a fair balance of “expressive value” of the content in the letter, with the public’s expectation of professionalism.

Question Presented: Whether President Doe was wrong to decide, during his meeting with the American Bar Association to suspend the Shiners rights to trial, within the newly implemented Ethical Canon which was created specifically for the Shiners; was there any, Model Rules of Professional Conduct that were violated?

Furthermore, legal responsibility is willing to accept fault, knowing when to ask questions of a supervisor to more clearly meet the needs of the client. Kaslow, Grus, Campbell, & Fouad, et al., 2009). Moreover, this insightful implementation is the ability to

Prior to a corporation or its employees taking action, it usually requires an informed legal advice. Legal direction may be either taken or dismissed; the point is that in order to provide an informed decision counsel and its direct reports are provided with confidential information. Counsel reviews the confidential information and provides an opinion on the issue. This opinion may or may not support the legality of a matter and the company may or may not act because of the information provided, however, the confidentiality of the initial information provided, the attorney’s thought process, as well as all reasoning associated with this process needed to be retained as confidential.

When receiving an effective assistance of counsel the defendant receives competent legal representation. It also comes free of errors that would cause them to receive an unfair trial. This means that a lawyer does not make any errors that would jeopardize their client's case. A majority of errors made by lawyers do not meet the requirements for an ineffective assistance of counsel. The reason most errors do not meet the requirements for this is because a majority of those errors would not jeopardize the outcome of the case so severely that the ruling would of been different.

The Violation committed by the attorney on that day was ABA Model Rule 1.3 Diligence and Promptness for lawyers--this occurred in the manner that the lawyer did not act with reasonable diligence and promptness in representing a client, as the lawyer was not even present or aware of the case in that matter.

In my research I found that by not reporting Bruce and I could be violating Professional Responsibility + Ethics rule 8.3 which states “Self-regulation of the legal profession requires that members of the profession initiate disciplinary investigation when they know of a violation of the Rules of Professional Conduct”. This is a big ethical issue