February 25, 2014 Legal Writing Legal Brief Assignment No. 2 FACTS: Dan is a trained paralegal who works for Erie Bank in Lakewood, Ohio. One day, Mary walks into the bank to apply for a mortgage loan to purchase a new house. She and Dan have a long conversation about Mary taking out a mortgage. Mary is concerned that were she to default on her loan, her credit would be destroyed. In response, Dan tells her: Don’t worry about it. If you don’t pay your loan, the only remedy the bank has is to foreclose on the house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter. Unfortunately, it turns out …show more content…
The court in which the action for damages is commenced shall consider all of the following in awarding damages to a person under division (C) (2) of this section: (a) The extent to which the fee paid for the services that constitute the unauthorized practice of law in violation of division (A)(3) of this section exceeds the reasonable fees charged by licensed attorneys in the area in which the violation occurred; (b) The costs incurred in paying for legal advice to correct any inadequacies in the services that constitute the unauthorized practice of law in violation of division (A)(3) of this section; (c) Any other damages proximately caused by the failure of the person performing the services that constitute the unauthorized practice of law to have the license to practice law in this state that is required to perform the services; (d) Any reasonable attorney's fees that are incurred in bringing the civil action under division (C)(1) or (2) of this section. (3) Divisions (C)(1) and (2) of this section apply, and may be utilized, only regarding acts that are the unauthorized practice of law in violation of division (A)(3) of this section and that occur on or after the effective date of this amendment. In the case of Ohio State Bar Assn. v. Martin, 118 Ohio St.3d 119, 886 N.E.2d 827, (Ohio, 2008). The State Bar Association charged two non-attorneys, their closely held corporation, their business, their current franchisor, and
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.
1.16 (A).1, 5.5(B) - Upon learning that Carl had taken on a case on his own, which is an example of unauthorized practice of law, Attorney Howe should have notified the clients that Carl did not have such authority to take on a case, set discounted fees or conduct an interview without Attorney Howe’s supervision, thus in good consciousness Attorney Howe cannot take on clients under fraudulent circumstances.
Joy Salmon was seeking damages for George Brown who she cared for while as a nurse and his estate. Joy Salmon hired Virgina Atkinson as her lawyer in this case. Joy Salmon entered a contingency contract with her lawyer Virgina Atkinson. This contract stated if Joy Salmons case for Geroge Brown's damages did not end in her favor she was not obligated to pay attorney fees to Virgina Atkinson however if the case was in favor of Joy Salmon she was required to Virginia Atkinson for her services. Attorney Virgina Atkinson billed Joy Salmon approximately $7200 for her services and Joy Salmon refused to pay the bill for Virginia Atkinson's services as an attorney. Virgina Atkinson was billing Joy Salmon $150 a hour for approximately forty eight hours of service to the case. Virginia Atkinson filed a lawsuit against Joy
6.What is the level of court, the case is being heard in? 2 marks (1 mark each article)
the attorney had learned this information in the course of representing a client in an
4. Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith?
Which of the following is not considered one of the threshold issues that must be met before one can bring a lawsuit?
The Attorney violated the ABA Model Rule 1.3 and 1.1. The Attorney did not provide the representation to the client for the new case and for the current case and did
Minimum contact establishes an appropriateness for one state to assert its jurisdiction on a person or business in another state. When evaluating the facts of the case presented, it
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.
161 (Bankr. N.D. Ill. 1985) to distinguish between expenses that are mere overhead, and cannot be reimbursed, with those that are directly chargeable to the estate. As the Thacker court explained, expenses related to a professionals overhead “have a common characteristic in that they are incurred by the firm on a day-to-day basis, no matter whom it represents. The traditional way to spread these kinds of daily expenses among all the firm 's clients is for the firm to structure its hourly rates to take such expenses into consideration.” In re Thacker, 48 B.R. at 164. On the other hand, “[c]ompensable, out-of-pocket expenses are those which can be clearly and fairly charged to the Debtors. Court fees, transcription fees, out-of-town travel expenses, delivery service, long-distance telephone calls and postage expenses, are examples of expenses which can be clearly traced to an applicant 's representation of Debtors, as opposed to the firm 's other clients.” Id. at 10.
Injury Statute and its relation to the doctrine of assumption of risk and the applications to this
In regards to other legal issues that are to be addressed I will break them down by a case by case basis.
“…a breach of a legal duty to take care which results in damage to the claimant.” PT
Now every Jurisdiction and The District have their own charging language, these charges would fall under the